Wednesday, June 29, 2011

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  • 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).





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  • GCwaitforever
    06-21 04:11 PM
    The problem lies with entire GC process being Employer-centric. Employee is just a pawn in the game. Employers can do whatever they want. The market test for LCA conducted by DOL itself is so ridiculous. How would a test conducted in 2002 be any relevant for a Greencard application that would be approved six or eight years from that date?





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  • mrdelhiite
    07-08 08:54 PM
    My question: I came to us on F1 Visa. I do not have my last name in my passport. Yes it is true ..stupid passport department missed it as they write names with hand ... passport was made when I was in high school…9th grade to be precise. I never got it corrected and came to us …visa was issued to me using FNU firstname format. When I applied for I-20 SSN, and everything in US after that I added my last name (my actual family name which got missed in passport) as us system does not allow blank last name. Note that my passport last page correctly shows my fathers and mothers last name which I have added on all my us documents like SSN, DL, … now I have been in us from past 5 years with all ( and I actually mean all) my us docs like H1, SSN, I-20, License, 495 application etc in firstname lastname format. ….. the only 2 things which are not in my first name last name format is
    1) visa which is FNU Firstname ( FNU = First name used)
    2) My passport which has just my first name and no last name

    one of my good friend got a 485 query as his first, middle and last name are mixed up with respect to his passport and 485 application. Which I feel is a much simpler case as compared to mine.

    Now my question is should I go ahead and change my name in my passport which is nothing but add my last name and get a new passport preemptively…or I should wait for USCIS decision .. Usually RFE is given 30 – 40 days to reply and I don’t think I will have time to get my passport fixed if and when RFE comes on my 485 .. the only issue I have with preemptive fixing name is sometime it is just better not to add complication to a case when it comes to USCIS …. A lawyer’s opinion is much needed and appreciated.

    Thanks for your help
    -M

    PS: my priority is Feb 2007 EB3





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  • jonty_11
    10-17 02:51 PM
    Anyone aware if one of the spouses has had a shoplifting offense in Singapore, how does that affect the Canada PR process? The offense was 6 years ago, I read on cic.ga that you can submit an application so that they may ignore it...for Canada PR, if its been over 5 years since your last offense and no other history of conviction.

    Any pointers would help!



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  • Legal
    07-21 07:48 PM
    These Unused Family Based Visas are from 2007. These Unused Family Based Visas of 2007 would be added to the following year (2008) Employment Based Visas.

    The Unused Family Based VISAS from a perticular fiscal year made available to the Employment Based VISAS of the Follwing Fiscal Year. And the Unused EB4 and EB5 VISAS of a perticular fiscal year would be made available to the same year's
    EB1 category.


    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 ?!





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  • a_yaja
    07-22 01:17 PM
    To a_yaja,

    Thanks for your detailed story my friend. This thread is turing into a support group for Amway/Quickstar victims.
    How is your experience with your childhood Amway friend. Still friends or just keeping in touch because he has the acess to the Amway database? :P

    I have come across quite a few of the Amway/ Quickstart folks. Like most of the people have described here, they usually approach me in Walmart, Meijer, etc. My first experience was in the temple. This dude and his wife went "oh wow! you know so many languages." After talking to the dude, he said that he knew some of my childhood friends and he remembered my face and that we could have possibly played cricket together in our childhood days (this itself should have raised red flags - but I was naive then and didn't think twice). Long story short, we exchanged phone #s and next day he called me and asked me to meet him at his home. He was running an "ecomm business" and was looking for partners. I asked him if he was talking about Amway and he innocently asked me "What is Amway?" I agreed to meet him but something bothered me. I called up another childhood friend who was in Amway and asked him about this dude. Sure enough he was an Amway-ite and already a "Diamond". I was mad and did not go to his house. He called me a couple of times but I never picked up the phone.


    We remain good friends and agreed to disagree on Amway. Now our kids have also friends and when they grow up hopefully will continue being "friends from childhood" :-). And ofcourse - he is still a good source of Amway-ites.



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  • immigrationvoice1
    02-15 04:45 PM
    Talking about diversity, those not familiar should take a look at an Indian currency note.

    Maybe someone can scan and post one, I don't have any Indian note with me. You will see around 20+ languages on it. You can tell its different languages because they use different script unlike say German and French (except for the accents/umlaut). Actually the number of languages are much more than shown on the notes. For whatever reason AFAIK only languages with distinct script are classified as languages in India, others are called dialects. These dialects are actually languages because they are not dialects of anything (For example in this definition, lot of European languages will be classified as a single language because they use Latin script).

    The point is unlike what outsider might think there is as much if not more cultural, ethnic, linguistic differences between a Gujarati and a Tamil Indian as between a German and a Portuguese European.

    So how much favor I will carry with a Malayali (no disrespect to anyone from Kerala) is debatable.

    ....completely!





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  • ufo2002
    05-11 02:04 PM
    I agree with jnayar here... but everyone keep in mind that no system is perfect. But the US employment-based system has serious flaws... especially in today's more globalised-based economy. The requirement that someone stays in the "same job role / same employer" throughout the green card process probably made sense back in the old days when people usually tend to work their entire lives for one company. Today, that no longer makes sense. Employers everywhere almost have worker turnarounds of 2 years on average. That means given the average GC process is about 6 years, you could be looking at someone potentially changing employers 3 times!
    Would anyone like to continue working on the same role/salary for 6 years, given that costs of living increase annually? Of course not.

    I know that Australia has a "job-based" PR process, but it doesn't bind you to one specific employer... so at least you do have the freedom to decide what job you would like to take on.

    The question of immigration to which country is better would probably yield one and the same answer based on the parameters that appear relevant to most people. However, the comparison of immigration processes and systems is an entirely different question - in theory, an employment based immigration system would be a lot better if it is based on correct assumptions. However, an employmet based system that ties an employee to the same job for the duration of the application process, and which requires that the same application processing be redone every time an employee changes jobs, while curtailing the maximum period of time the employee can work in the country is flawed. If the reasoning behind this is that the employee has to show that he/she is indespensible to that one job (with all the highly specific skills that come attached to the job description) which no US citizen/resident is qualified to do, should statistics not show that the majority of positions for which green cards were applied for and obtained have the same employee continuing in that role long after the said employee gets a green card? I would be very surprised if the numbers show that a significant number of employees stick around for any period longer than a year or so in their current, gc-approved roles (and by that, I mean the exact same role for which the GC was applied for - be it with the same company or elsewhere.). In a dynamic market for labor where "skillability" and "learnability" are much more important than current skills and learning, how important is the applicability of a person's current skills to a job that would anyway keep evolving or even changing altogether, during the 6 years of so that a person is employed in that capacity while waiting for the green card?

    Just my $0.02.



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  • the_googly
    07-23 01:17 PM
    This does not make sense at all.. cases are a miniscule portion of actual USCIS approvals and a rate of 30 cases per month would mean most of USCIS personnel are on vacation for summer :)

    The assumption is that we have a true random sample on . Please note that the 30 cases per month are not actual cases.. they are cases.





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  • mirage
    03-28 08:42 AM
    Remove 'Bahenji' ? If LK Advani or Manmohan Singh don't get enough seats we may see Behanji at the Helm...She looks to win most number of seats in the 3rd front, which makes her the front runner for PM candidate in the 3rd front. If 3rd front gets a good number of seats they may get support of opportunist parties like BJD who are not telling who they stand with. remove Atalaji...add Bahenji.



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  • nojoke
    12-12 04:36 PM
    I don't think anything like that will happen ..first of all it is not easy at all ..definitely many will leave (especially lot of people who just crossed the borders are moving back and the joke is that they are building a wall to prevent people from leaving :)).
    but I do think that one way or the other something will happen in terms of faster immigration in the next year ..or else I don't know from where will they find so many buyers of houses ..look at this article about Georgia ,..which people kept saying -- that there is no bubble .
    (look at the print in bold ..I am still wondering if it is a misprint or real ..117 months supply of homes !!! ..the other funny point is that bankers are running after builders with hot rods :D).
    ----------
    The housing market is so bad that some banks and builders that had been business partners are now adversaries, and experts are using the dreaded �D� word.

    �In northeast Georgia we�re not in a housing recession, we�re in a housing depression,� Jim Williams, president of Southern Highlands Mortgage in Blairsville, told state lawmakers at a daylong hearing Wednesday. �The retiree market, the secondary market has all but dried up. There are no homes being built.�
    � Your guide to metro Atlanta foreclosures

    BUSINESS


    Likewise, Eugene James, head of the Atlanta division of the research company Metrostudy, said the 22 metro counties it covers �are in a housing depression right now.�

    James said sales closings were down 44 percent for the third quarter, compared to the same period last year, and housing starts had plunged 67 percent. The metro area also has about 148,000 lots with infrastructure but no homes � a 117-month supply, he said.

    Legislators are trying to figure out what they can do to encourage home buying and rescue residential builders. The General Assembly convenes next month, and new bills might be introduced calling for tax incentives, expanded down payment assistance or reductions in home building regulations.

    �A down payment assistance obviously would be very, very beneficial to citizens,� Lt. Gov. Casey Cagle said after speaking to the joint economic development committee.

    A federal down payment assistance program ended last fall and the current state down payment assistance program, Georgia Dream, is limited.

    Sen. Chip Pearson (R-Dawsonville), co-chairman of the meeting, was intrigued by a California rescue plan that Chuck Fuhr, Ryland Homes� Atlanta division president, described.

    In the 1990s, the California Public Employees� Retirement System began making loans to home builders and investing in residential projects in order to turn around that state�s faltering housing market, Fuhr said. The CalPERS program was so successful, it expanded out of state, he said.

    �Almost every small builder I know today has his bank knocking on the door, trying to collect his loan and put him out of business,� Fuhr said. If builders continue to fold, competition will lessen and home prices will escalate, he said.

    Kurt Cannon, president of Rabun Builders and the Home Builders Association of Georgia, said at the hearing that worried bankers have turned on builders, even those with good credit, by calling in loans and threatening to sue.

    Cannon presented several pages of e-mails he�s received. A Paulding County builder wrote: �The president of the bank replied back that five of the seven bank presidents in the county had lost their jobs and he was not going to lose his. �I am going to foreclose on the property you have here. Then I am going to come after you personally and sue you for the money you owe me and everything else you have.��

    Maybe you are right. But I think that the main problem is not housing. It is the export/import imbalance, manufacturing jobs(maybe other jobs) leaving US etc. The housing boom, which was selling and buying to each other at higher and higher prices, masked the real problem in the economy. Government can do all it can to stop the house price sliding, but then what? We cannot generate economy again by buying and selling house to each other. People are asking 'where are the real jobs?'





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  • delax
    07-23 01:47 PM
    See this post by Nixstor:
    http://immigrationvoice.org/forum/showthread.php?p=254275#post254275

    If you ignore the VB predictions in the post, the key thing to note is that USCIS and DOS are in constant touch on a weekly basis after the July 07 fiasco. They know exactly the demand and usage rates.

    This leads me to one of the following two conclusions:
    Either USCIS has intimated to DOS that it can process only X number of cases in the next two months and visas remaining are more than that which is why DOS pushed the dates forward so that consular posts can also maximize usage OR

    The numbers remaining are very large for a variety of reasons (category and FB spill over) and USCIS has agreed to process at least a majority if not all the cases within a certain priority date - probably Jun 2006. Based on that DOS agreed to move the PD to June 2006 after also factoring in the CP usage.

    Obviously the latter is better for us - but it could be the former as well.



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  • walking_dude
    02-13 02:21 PM
    To set matters right - all 3 of them will require a change in law. IV is trying to recapture ( pont 2) through Admin fixes, but its not certain. It needs an Exceutive Order from Pres. Bush to happen. Its not 100% certain at this stage that such an EO will be issued.

    Again, there are no guarantees which of the 3 will get passed or accepted. 1 & 2 benefit you more than 3. Will be combined effect of those be more than enough to offset 3 (which I doubt will ever happen since that will require a change in law) is up to anyone's imagination.

    ....





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  • newtogc
    10-04 01:48 AM
    Is there any last date for LC substitutions.
    Has DOL/USCIS come up with any regulations after taking public comments regarding elimination of LC subs.



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  • royus77
    06-28 09:20 AM
    (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.


    Good point.





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  • Kushal
    07-27 03:16 PM
    So now you say Amway gives you 1099-INT ? Didn't you earlier say they give a 1099-MISC ?
    BTW, Amway cannot issue you a 1099-INT -- that is for bank interest. Look who do not know things (and still try to open mouth ) :rolleyes:

    Bottomline -- you are NOT allowed to do ANY type of business on H1. If you think I am wrong , just share your name and address and I will be happy to send the info to CIS.
    Your mouthfull of garbage does not change the law

    Oh yeahhh..."1099-int" was a rhetorical statement as you mentioned it.
    Don't worry I have already done my homework with law offices or CIS, as I had to show all incomes during interviews. Keep on squeaking.



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  • hatighora
    07-11 05:55 PM
    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.





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  • Saralayar
    10-02 07:13 PM
    My parents are visiting me with visitors visa. They got the I-94 for 6 months. Can I extend their stay for another 6 months?. Will this affect their future entry in to USA?. Kindly advice what I need to do. Thanks in advance. What are the formalities I need to do to extend their stay?





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  • gjoe
    02-13 04:57 PM
    I liked your concept of approaching "fresh law school grads" but...
    If we are planning to approach with such a big task which I would think needs lot of experience in the law field and not sure if its worth taking an approach with fresh out of law school grads...I personally feel this experiment of working with fresh law school grads might be risky and I doubt if they even know any in's & out's of USCIS tricks,rules and dramas which they keep changing now & then quite often....

    As always experience counts one would choose to see how much experience they have and in this case if we go with these BRAND NEW.. fresh out of law school grads who may or many not have any winning track records might be not worth it I guess..


    No one would learn to walk if their parents were afraid they would fall.

    The young grad has more fire in him than a seasoned vetran. I think we need more fire in this case than just experience.





    HV000
    09-25 12:58 PM
    You also know what I am stating. You already have heard the word"Pre-adjudication" which means "To assign number" based on monthly bulletin based EB table dates and then put a file on shelf to eat dust till USCIS can "approve 485" /"Send Physical greencard" based on Prority date becomes active based on "country specific limit"

    If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.

    Bharatpremi,

    I don't think pre-adjudicated cases get visa numbers. These cases are just waiting for visa numbers and they get visa number when dates are current. Getting a visa number is same as an approval.





    matrixneo
    09-05 07:31 PM
    QUOTE=_TrueFacts;840961]breddy2000,

    Because of assholes like you ,
    .....MOTHER FUCKER...

    Please, stop using this language