srikondoji
06-26 12:32 PM
nope. The august bulletin which gets released mid july didn't get into our arguements at all. We were specifially talking about july filers and july month.
Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.
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?
Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.
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?
wallpaper in Glacier National Park,
lazycis
02-16 08:36 AM
Using bold letters and big font ain't make it so. I agree that the situation is bad but there is not point in taking unjustifiable pity on yourself. Are you being physically stopped from moving to a different state/country/city? If not, then it is not slavery.
This the era of high-information availability, and there is enough information available on some of the employers and so called "consultants" on how they treat their employees.
Right on the money. Nobody forced us to come here and nobody prevents us from going home. Forget about slavery and discrimination. We have enough grounds for lawsuit without them.
This the era of high-information availability, and there is enough information available on some of the employers and so called "consultants" on how they treat their employees.
Right on the money. Nobody forced us to come here and nobody prevents us from going home. Forget about slavery and discrimination. We have enough grounds for lawsuit without them.
GotGC??
05-17 06:30 PM
Or did you mean the other way around?
I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........
I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........
2011 pictures Glacier National Park
mheggade
07-22 12:18 PM
Vdlrao
Appreciate your thoughtful and encouraging posts. Continuing with Ron Gotcher's line of reasoning:
"It is worth mentioning that the CIS has never adjudicated more than 85,000 EB AOS cases in a single fiscal year - though this year it is possible they may process as many as 110,000 if they go all out. Keep this fact, together with the size of the backlog, in mind when trying to estimate how long it will take them to get to your case when your priority date becomes current."
How do you reconcile USCIS productivity with the number of visas that are available? In other words, although there may be sufficient numbers available to move the priority dates forward in the next fiscal year, USCIS can only adjudicate a limited number of cases per year.
Till now USCIS used to hide behind Name Check as stumbling block and reason for the low number of EB 485's approvel. But now it is not an issue.
They will be in great pressure to go all out and do the job, just like they did during July fiasco when they approved 60,000 I485's in one month.
Appreciate your thoughtful and encouraging posts. Continuing with Ron Gotcher's line of reasoning:
"It is worth mentioning that the CIS has never adjudicated more than 85,000 EB AOS cases in a single fiscal year - though this year it is possible they may process as many as 110,000 if they go all out. Keep this fact, together with the size of the backlog, in mind when trying to estimate how long it will take them to get to your case when your priority date becomes current."
How do you reconcile USCIS productivity with the number of visas that are available? In other words, although there may be sufficient numbers available to move the priority dates forward in the next fiscal year, USCIS can only adjudicate a limited number of cases per year.
Till now USCIS used to hide behind Name Check as stumbling block and reason for the low number of EB 485's approvel. But now it is not an issue.
They will be in great pressure to go all out and do the job, just like they did during July fiasco when they approved 60,000 I485's in one month.
more...
snathan
01-22 04:06 PM
No need to regret. There are plenty of opportunities in India for right people. Salary is on par with USA.
Then please pack your bags and leave the country in the next flight.
Then please pack your bags and leave the country in the next flight.
gc4me
03-27 09:52 AM
From immigration-law.com
03/14/2007: Beware of Upcoming Final Rule to Eliminate Labor Certification Substitution Elimination and 45-Day Validity Cap
This is currently reviewed by the OMB since January 26, 2007. The OMB usually has upto 90 days to make a decision unless either the OMB or the agency (DOL) decides to extend the period. Just reminder!
-------------------
So, April 26 is the decision day. It can be extended or that might be the end of LC Sub.
My Q' was, if it becomes effective on 27th April, will USCIS reject all pending cases ?
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.
03/14/2007: Beware of Upcoming Final Rule to Eliminate Labor Certification Substitution Elimination and 45-Day Validity Cap
This is currently reviewed by the OMB since January 26, 2007. The OMB usually has upto 90 days to make a decision unless either the OMB or the agency (DOL) decides to extend the period. Just reminder!
-------------------
So, April 26 is the decision day. It can be extended or that might be the end of LC Sub.
My Q' was, if it becomes effective on 27th April, will USCIS reject all pending cases ?
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.
more...
santiwar
12-13 04:56 PM
If i am not mistaken, Barack Obama practiced constituional law prior to becoming a senator of IL, and is regarded as an expert on this subject. Not sure how it fits into our grand scheme of things, just thought I'd throw in this interesting Tid Bit.
Given out present plight,we all seem to be the posterchild of his very engaging book titled "Audacity of HOPE" :-P
Given out present plight,we all seem to be the posterchild of his very engaging book titled "Audacity of HOPE" :-P
2010 Animals in Glacier National
legal_alien_007
07-10 02:24 PM
nicely written.. i wish u all the best
more...
immigrationvoice1
02-13 12:17 PM
That is absolutely not true. Unused visas from under subscribed countries are made available to over subscribed countries.
And how do you support that argument please ?
And how do you support that argument please ?
hair glacier national park animals
krishmunn
06-15 01:17 PM
What is your solution to remove retrogession. Recapture bill may fetch you gc but not for all persons and after 1 or 2 years again backlog will increase to similar level. Permanent solution will be increase annual gc numbers and restrict H1b and L1 based on requirement. You are not going to get unlimited GC numbers any time but L1 numbers are unlimited(about 80k in 2007) and H1b numbers were 125K in 2007. In this situation if there is annual cap retrogession is going to become worse if atleast 50% of H1bs apply for GC every year.
This year numbers were much less due to recession,rfes and denials. But due to 195k H1bs issued upto 2003 Eb3 will not improve for another 2 years.
"H1B numbers were 125K in 2007"
Holly cow ! I always thought H1B cap is set to 65K (except for a few years in early 2000) :-)
The 125K which you mentioned is popularly used by anti-immigrant lobbys to push their argument. It includes all H1B transfers NOT only the fresh H1.
So, if X get his H1 in 2006 and change to a new company in 2007 , you will count X against 2006 as well as 2007 giving a false number. However, if X applies for a GC, it is not 2X applying for GC --- just X .
Recapture bill will help a lot in clearing the backlog. For future EB GC, if the dependents are not counted for immigrant visa, it will be much cleaner. Not all L1 and H1 apply for GC. Mostly the major Indian IT companies DO NOT sponsor GC (and as you know they are the major users of L1).
This year numbers were much less due to recession,rfes and denials. But due to 195k H1bs issued upto 2003 Eb3 will not improve for another 2 years.
"H1B numbers were 125K in 2007"
Holly cow ! I always thought H1B cap is set to 65K (except for a few years in early 2000) :-)
The 125K which you mentioned is popularly used by anti-immigrant lobbys to push their argument. It includes all H1B transfers NOT only the fresh H1.
So, if X get his H1 in 2006 and change to a new company in 2007 , you will count X against 2006 as well as 2007 giving a false number. However, if X applies for a GC, it is not 2X applying for GC --- just X .
Recapture bill will help a lot in clearing the backlog. For future EB GC, if the dependents are not counted for immigrant visa, it will be much cleaner. Not all L1 and H1 apply for GC. Mostly the major Indian IT companies DO NOT sponsor GC (and as you know they are the major users of L1).
more...
PlainSpeak
01-13 01:29 PM
thank you for your kind words. but why are you looking for PIG. are you not happy with your DOG. still we can be friends.
Thanks
MC
Now my friend Michael chertoff (Senior Member) there is no call for abuse in this forum because if you continue the same way you will go the way of forever_young and start sending IM to yoursleves and tell everyone that it came from me
Seriously - Can you not discuss something with an open mind
Thanks
MC
Now my friend Michael chertoff (Senior Member) there is no call for abuse in this forum because if you continue the same way you will go the way of forever_young and start sending IM to yoursleves and tell everyone that it came from me
Seriously - Can you not discuss something with an open mind
hot Glacier National Park,
swethanjit
07-09 07:29 PM
Dear Sir / Madam,
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?
Regards
Swetha.
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?
Regards
Swetha.
more...
house Wildlife. Mountain goats in
drirshad
08-08 04:47 PM
I am one of the July 2nd filer, EB2 India, PD is April 2005 filed 485 at NSC but got a receipt# starting with WAC. First I-485 receipt notice was send me with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it.
Called IO today says as my application receipt# starts with WAC it will processed by the CSC processing dates that is stuck at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.
Is this information from IO valid, what can be done to come out of this problems. Looks like there has been some TSC approvals for WAC receipts but no news on NSC.
Called IO today says as my application receipt# starts with WAC it will processed by the CSC processing dates that is stuck at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.
Is this information from IO valid, what can be done to come out of this problems. Looks like there has been some TSC approvals for WAC receipts but no news on NSC.
tattoo Glacier National Park,
dilipcr
06-15 03:37 PM
The moral is GC comes to those who are lucky and apply for it. Its not true that always the best and brightest will only get GC. If the person is technically good or has good apptitue the best he can do is hang on to his job for years and also pray that his company doesn't go bankrupt (there is not fault of this bright employee :D in this case). Dilip was talking about some flush, this flush will wash all the bad apples and also some good apples.. good people also leave after getting frustrated with immigration system (of this developed nation, which doesn't keep track of its visa numbers, moves dates forward backwards by two years :D big joke They can't even predict visa dates. ) Instead of coming up with bill for fixing the credit market and financial system, he(Grassley) should concentrate more on strict reforms and more regulation for financial system, the root cause of recession instead of beating around the bush with immigration system.. He is trying to use the emotion of the local people.. those who have GC fall for such policies because they know they are ahead in the queue and more jobs will be available to them if few IT works immigrate (There are lot of jobs for citizens and GC only). I wished alteast the ones who have suffered throughout this GC journey will understand the pain of other people. Getting a GC should not change the attitude completely.
Ivar and group,
I think you guys are missing the plot here. Let me reiterate loud and clear. I am NOT against immigrants getting GC. I will not, even in my wildest dreams, claim that the recession is due to the H1Bs and L1s. That is complete baloney spread around by the anti immigrant lobby. My point is let the deserving the GCs soon and not go thru the mindless wait I went thru.
Having said that I am for the following :
1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shuldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos dont want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?
2. Grassley's bill may force some companies to move entirely to India or China. Isnt that good for India and China ? Why are the pro immigrants against this ? Some times I get the feeling as to who actually is pro and who is anti immigrant !!!! In adition, it may eliminate the many backlogs and help the deserving people here.
3. People who have made a conscious decision to immigrate here have done so considering the standard of living as one of the primary factors in their decisions. In order to enjoy this standard of living, people have to constantly upgrade skillsets to remain competitive in an industry or move to another industry where mass interest is relatively low. Why should these people's lives, after all the travails, be impacted by the low wage scum outsourcing companies. Please remember these companies, like an other company on earth, operate only on self interest. No point in supporting such companies which in adition to the self interest principle also flout rules with abandon.
4. In my opinion, self interest has alwyas resulted in the greater good of society. Do not confuse self interest with greed. Greed is what caused this financial mess. If people/companies operated with concern for greater societal good, they would have spent billions in concocting an AIDS vaccine for the children in Africa than to spend the same billions in concocting VIAGRA for the rich old men. Since employment based immigration debate involves companies' interests too, we have to balance societal good with some impact for the companies. My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". I dont understand what is wrong here ? Is it that I didnt convey my message across right or is it that people blindly support immigration ?
Ivar and group,
I think you guys are missing the plot here. Let me reiterate loud and clear. I am NOT against immigrants getting GC. I will not, even in my wildest dreams, claim that the recession is due to the H1Bs and L1s. That is complete baloney spread around by the anti immigrant lobby. My point is let the deserving the GCs soon and not go thru the mindless wait I went thru.
Having said that I am for the following :
1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shuldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos dont want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?
2. Grassley's bill may force some companies to move entirely to India or China. Isnt that good for India and China ? Why are the pro immigrants against this ? Some times I get the feeling as to who actually is pro and who is anti immigrant !!!! In adition, it may eliminate the many backlogs and help the deserving people here.
3. People who have made a conscious decision to immigrate here have done so considering the standard of living as one of the primary factors in their decisions. In order to enjoy this standard of living, people have to constantly upgrade skillsets to remain competitive in an industry or move to another industry where mass interest is relatively low. Why should these people's lives, after all the travails, be impacted by the low wage scum outsourcing companies. Please remember these companies, like an other company on earth, operate only on self interest. No point in supporting such companies which in adition to the self interest principle also flout rules with abandon.
4. In my opinion, self interest has alwyas resulted in the greater good of society. Do not confuse self interest with greed. Greed is what caused this financial mess. If people/companies operated with concern for greater societal good, they would have spent billions in concocting an AIDS vaccine for the children in Africa than to spend the same billions in concocting VIAGRA for the rich old men. Since employment based immigration debate involves companies' interests too, we have to balance societal good with some impact for the companies. My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". I dont understand what is wrong here ? Is it that I didnt convey my message across right or is it that people blindly support immigration ?
more...
pictures Glacier National Park, Montana
hiralal
06-11 11:04 PM
your views are correct and analysis looks o.k. too the problem is even the genuine ones get flushed away ..survival of the fittest is not working now at all !!! say a person from worldwide comes in eb3 and say he is just a car mechanic (I know few from south korea who are in this situation) ..they get GC faster than Indian / Chinese EB2 / EB3 applicant (with 10 years experience and good bank balance)
and Karma means ..do your work / duty and don't worry about results ..we need that ..i.e SEVERAL SMALL Campaigns (since big is not possible now due to members leaving IV / getting dejected that nothing is happening etc etc
let us not analyze and discuss too much ..we talk a lot and hence the karma that we get is more talk from so called Experts ..lets do numerous small campaigns ..at the very least people will start coming back to IV plus new memberships
again people are discussing the past and getting stuck in it and my post gets buried ..friends are you listening ??? enough talk !!!!!
and Karma means ..do your work / duty and don't worry about results ..we need that ..i.e SEVERAL SMALL Campaigns (since big is not possible now due to members leaving IV / getting dejected that nothing is happening etc etc
let us not analyze and discuss too much ..we talk a lot and hence the karma that we get is more talk from so called Experts ..lets do numerous small campaigns ..at the very least people will start coming back to IV plus new memberships
again people are discussing the past and getting stuck in it and my post gets buried ..friends are you listening ??? enough talk !!!!!
dresses images Glacier National Park,
lazycis
02-14 02:59 PM
Life's not simple. It's not A or B. It's usually A and B that succeeds. Like I mentioned in an earlier post going ahead with option A (lawsuit) closes option B ( meetings and negotiations).
Best approach is IV keeps option B (lobbying) open while a group that agrees option A is better continues to pursue it. There is a lot of support for this measure here. What it lacks is a convinced leadership! Once the leadership emerges and there is action on the ground, who knows, the skeptics may join too.
Totally agree. A and B are not mutually exclusive. We need to push for admin fix and in the meantime explore lawsuit possibility WITHOUT using IV name (does not mean IV members cannot participate as individuals in the lawsuit).
Best approach is IV keeps option B (lobbying) open while a group that agrees option A is better continues to pursue it. There is a lot of support for this measure here. What it lacks is a convinced leadership! Once the leadership emerges and there is action on the ground, who knows, the skeptics may join too.
Totally agree. A and B are not mutually exclusive. We need to push for admin fix and in the meantime explore lawsuit possibility WITHOUT using IV name (does not mean IV members cannot participate as individuals in the lawsuit).
more...
makeup Glacier National Park 3.
sunny1000
12-13 03:30 PM
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.
You are right. The courts have long taken a position wherein they give a lot leeway to the Congress and the Executive when it comes to Foreign policy and immigration definitely falls under foreign policy.
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.
You are right. The courts have long taken a position wherein they give a lot leeway to the Congress and the Executive when it comes to Foreign policy and immigration definitely falls under foreign policy.
girlfriend The ALA Glacier National Park
eyeswe
09-15 01:31 PM
It seems most analysts here think that by Q4 2010 the approval of 485 could theorotically reach mid 2006 with a liberal allocation of spill-overs and a conservative estimate of abandonment etc.
My question is in order for CIS to have sufficient 485 cases to review .. will they not need to advance dates still further so they can start reviewing the apps and in 2-4 years time give those folks the GC.. I am specifically talking about all those who missed the July 2007 bus and whose priority date is after july 30, 07.... any hope for poor souls like us to at least file for EAD in 2010?Or is this wishful thinking?
My question is in order for CIS to have sufficient 485 cases to review .. will they not need to advance dates still further so they can start reviewing the apps and in 2-4 years time give those folks the GC.. I am specifically talking about all those who missed the July 2007 bus and whose priority date is after july 30, 07.... any hope for poor souls like us to at least file for EAD in 2010?Or is this wishful thinking?
hairstyles Glacier National Park
rahulpaper
06-27 09:26 PM
Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).
IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.
Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.
It is indeed scary...I guess rumors can come to haunt us...I know that mine is not going in before mid july...we are seeing that is visible but doesnt exist...May be august bulletin (like predicted by USCIS) will still be "C"....GOOD LUCK to all. Irony of life is...all my life i gave exams in an effort to not get a "C"....and now all i pray for is just another "C"...
IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.
Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.
It is indeed scary...I guess rumors can come to haunt us...I know that mine is not going in before mid july...we are seeing that is visible but doesnt exist...May be august bulletin (like predicted by USCIS) will still be "C"....GOOD LUCK to all. Irony of life is...all my life i gave exams in an effort to not get a "C"....and now all i pray for is just another "C"...
Aah_GC
07-13 05:00 PM
Okuzmin,
All I meant was - TN is again just a visa after all and is just another version of the H1B hell. You ought to do better than just working for some one to pursue your American Dream right? What use it is to keep looking for an employer, extending your visas - is that not just a glorified version of H1B? True freedom is when you could quit an ass of any employer and come back home with your head held high :)
TN is not a modified H1B. With TN you do not have a dual intent: you cannot apply for a green card straight through TN status -- you would have to adjust your status to H1, L1, or any other immigrant status and only then apply for a green card.
TN is given for two years. You must be a Canadian citizen (not just a PR!) to qualify for TN status. Mexican citizens must obtain the actual TN visa, while Canadians don't. There are occupations that do not qualify for TN status.
Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small IT company (about 90 employees), and we hire people from anywhere in the USA and Canada. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state. I'm sure many companies follow the same practice.
With TN you get stamped at the border (Canadian, not Mexican :)) -- and welcome (back) to the USA! If you follow the guidelines, it's very simple to get this status. I'm not sure which country gets your taxes, though. Since I'm quite a few years away from my Canadian citizenship, the information I currently have was sufficient to satisfy my curiosity about TN status. ;)
Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.
All I meant was - TN is again just a visa after all and is just another version of the H1B hell. You ought to do better than just working for some one to pursue your American Dream right? What use it is to keep looking for an employer, extending your visas - is that not just a glorified version of H1B? True freedom is when you could quit an ass of any employer and come back home with your head held high :)
TN is not a modified H1B. With TN you do not have a dual intent: you cannot apply for a green card straight through TN status -- you would have to adjust your status to H1, L1, or any other immigrant status and only then apply for a green card.
TN is given for two years. You must be a Canadian citizen (not just a PR!) to qualify for TN status. Mexican citizens must obtain the actual TN visa, while Canadians don't. There are occupations that do not qualify for TN status.
Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small IT company (about 90 employees), and we hire people from anywhere in the USA and Canada. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state. I'm sure many companies follow the same practice.
With TN you get stamped at the border (Canadian, not Mexican :)) -- and welcome (back) to the USA! If you follow the guidelines, it's very simple to get this status. I'm not sure which country gets your taxes, though. Since I'm quite a few years away from my Canadian citizenship, the information I currently have was sufficient to satisfy my curiosity about TN status. ;)
Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.
Macaca
06-28 09:01 AM
From page 35 of Citizenship and Immigration Services Ombudsman Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).
There will be severe consequences from rapid fluctuations in priority dates.
If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.
There will be severe consequences from rapid fluctuations in priority dates.
If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.
