soma
02-14 03:34 PM
If lawsuit/court cannot make USCIS use the numbers, how can USCIS admin fix do this?.. I am not fighting here (I sent my letters already!!!)...this just came to my mind...
same thing crossed my mind too...then how does the letter campaign help(I sent my letters too)!!
same thing crossed my mind too...then how does the letter campaign help(I sent my letters too)!!
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lazycis
02-18 01:30 PM
Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.
Did you ask you lawyer? It's so much easier to criticize.
My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.
Did you ask you lawyer? It's so much easier to criticize.
My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.
needhelp!
09-26 12:42 PM
This is something IV wants to pursue and needs our support!
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grupak
02-15 07:28 PM
as always.
actually india and china are in teh top 5 receipents of F1 visas, and far ahead of most countries
http://travel.state.gov/pdf/FY06AnnualReportTableXVII.pdf
now folks. STOP.
you are making me sick.
Thanks for the data, I had a feeling some countries were using F1 more than others. Good to have the facts straight.
This discussion is really not going anywhere. Lets stick with IV agenda and action items.
actually india and china are in teh top 5 receipents of F1 visas, and far ahead of most countries
http://travel.state.gov/pdf/FY06AnnualReportTableXVII.pdf
now folks. STOP.
you are making me sick.
Thanks for the data, I had a feeling some countries were using F1 more than others. Good to have the facts straight.
This discussion is really not going anywhere. Lets stick with IV agenda and action items.
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retropain
08-03 03:35 PM
don't even think about it. It is grossly unfair to people whove been waiting in line for years.
I don't mind substituion per se as long as people get new priority dates.
IV- we should have a poll on whether labor substitution is fair.
I don't mind substituion per se as long as people get new priority dates.
IV- we should have a poll on whether labor substitution is fair.
nozerd
03-19 06:57 PM
Please see answers in blue below
so you mean to say that if I try to enter in fourth year, then itself I have to go to an immigration hearing and the judge would decide whether he would let me stay or not ?
Please see the following link for all details
http://www.cic.gc.ca/english/newcomer/res-oblig.html
Also can I apply for CA SIN staying in USA ?
I think you can apply via fax, but would have to give someones address in Canada to actually recieve it.
Should I be filing taxes there ?
No you shouldnt if you are not residing in Canada and have no Canadian income. You would if you had Canadian income or you were residing in Canada but working in US.
How do I get an address if I dont stay there ?
Same way you got an address to receive your PR card. Friends, family etc.
Thanks for your help.
You are welcome.
so you mean to say that if I try to enter in fourth year, then itself I have to go to an immigration hearing and the judge would decide whether he would let me stay or not ?
Please see the following link for all details
http://www.cic.gc.ca/english/newcomer/res-oblig.html
Also can I apply for CA SIN staying in USA ?
I think you can apply via fax, but would have to give someones address in Canada to actually recieve it.
Should I be filing taxes there ?
No you shouldnt if you are not residing in Canada and have no Canadian income. You would if you had Canadian income or you were residing in Canada but working in US.
How do I get an address if I dont stay there ?
Same way you got an address to receive your PR card. Friends, family etc.
Thanks for your help.
You are welcome.
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thomachan72
09-15 02:07 PM
Dont know where you guys get all this information but this thread is like a lamp when you are gropping in a dark cave. The tone seems to be very mild (no hatred / quarelling) and everybody seems to maintain and spread a positive attitude. One thing is undeniably true and that is a positive attitude / outlook always attracts positive things. I encourage everybody to purposefully cultivate positive thoughts (eg:- "something surprising good is going to happen").
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NKR
02-13 02:43 PM
The other provision of allowing 485 applications without current PDs is a bad idea in my opinion. Anyone who enters the country will be eligible for AC21 in 8 months which is about 80% of a GC. Such a provision will result in huge abuse like the L visa and/or Labor substitution.
On the flip side, Spouses on dependent visas who had plenty of experience and who were stuck for years by not being able to work. The provision to apply for 485 applications in july was god send opportunity.
On the flip side, Spouses on dependent visas who had plenty of experience and who were stuck for years by not being able to work. The provision to apply for 485 applications in july was god send opportunity.
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_TrueFacts
09-04 02:58 PM
If this thread (forum) was a court room. It would have been declared by Judge that YSR is indeed the most corrupt politician AP had and pending further investigation all the occupied & grabbed lands, wealth be ordered to pay to the victims. In addition, the Judge would put a life time ban his Son from active politics.
I hope all posters, readers will condemn corruption and blood politics and see US system (for we being in US) as an example for India. No one can better understand American system than us and how it can be modulated to fit into India.
I hope all posters, readers will condemn corruption and blood politics and see US system (for we being in US) as an example for India. No one can better understand American system than us and how it can be modulated to fit into India.
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raysaikat
07-14 12:10 PM
Hi,
I have an EB2 I-140 approved; PD Aug 29, 2007. The corresponding LC was filed with "Special Handling" for university teachers.
1. If I change into a non-academic job, then can the PD be retained when I refile?
2. If I go out of US for a few years (say 3-5 years) and then come back with a new job, will I be able to retain this PD when I refile?
Thanks for your time.
I have an EB2 I-140 approved; PD Aug 29, 2007. The corresponding LC was filed with "Special Handling" for university teachers.
1. If I change into a non-academic job, then can the PD be retained when I refile?
2. If I go out of US for a few years (say 3-5 years) and then come back with a new job, will I be able to retain this PD when I refile?
Thanks for your time.
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Ramba
05-11 11:53 PM
As a person you are offended that I made comment based on what you said in one post without considering your whole lifestory. India's history is out there for everybody to see and most educated indians know pretty well what kind of a nation India is.
However, you managed to compare India with Nazi Germany. Great job. Based on 1 incident, you managed to slam a great nation like India.
---For one second hold on your patriotism for India. What kind of greatness did you find in India? Supreme court orders to share the water between TN and Karnadaka. But state of karnataka don't obey the court order. Everytime TN has to beg for water. Same is true with Kerala. Bihari, peoples can not go and work in Maharastra; It is shame that happens in same country. why Bihar to Maharastra? You can not bring the TN labors just live 2 km from kerala border to work in tea estate in Kerala where communist has strong union to protest the job taken away by other state labors. Here we are talking about restriction on H1B. It is just two examples of millions of social, economical, political problems in India.
...
But when it comes to you you want many factors considered. Why the double standard?
Then there are some wacko job politician from TN that says if Prabhakaran is hurt , they will separate from India. All they need is read back to early years of post independence India and a person named Vallabh Bhai Patel. There are still people with similar capacity in India, that will bring such wacko jobs and their supporters in control.
Remember, same goes true for the wacko jobs from Maharashtra too who say Maharashtra is for Marathi's.
-----Are you following what we are discussing? We are not talking about Maratha for Marathi or Tamilnadu for Tamils.
Don't compare 1971 Bangladesh with current day Srilanka, if you can think straight.
----May we know why one should not compare India's role in Bangladesh with SL?.
The problem with SL issue, most of the Indians consider this issue as a "Tamil" issue rather than "Indian" issue.Thats why, though severity and number of life lost in SL is much greater than bangladesh, people ask this type of question.
Flag burnig is a criminal offense in India, just FYI.
---
However, you managed to compare India with Nazi Germany. Great job. Based on 1 incident, you managed to slam a great nation like India.
---For one second hold on your patriotism for India. What kind of greatness did you find in India? Supreme court orders to share the water between TN and Karnadaka. But state of karnataka don't obey the court order. Everytime TN has to beg for water. Same is true with Kerala. Bihari, peoples can not go and work in Maharastra; It is shame that happens in same country. why Bihar to Maharastra? You can not bring the TN labors just live 2 km from kerala border to work in tea estate in Kerala where communist has strong union to protest the job taken away by other state labors. Here we are talking about restriction on H1B. It is just two examples of millions of social, economical, political problems in India.
...
But when it comes to you you want many factors considered. Why the double standard?
Then there are some wacko job politician from TN that says if Prabhakaran is hurt , they will separate from India. All they need is read back to early years of post independence India and a person named Vallabh Bhai Patel. There are still people with similar capacity in India, that will bring such wacko jobs and their supporters in control.
Remember, same goes true for the wacko jobs from Maharashtra too who say Maharashtra is for Marathi's.
-----Are you following what we are discussing? We are not talking about Maratha for Marathi or Tamilnadu for Tamils.
Don't compare 1971 Bangladesh with current day Srilanka, if you can think straight.
----May we know why one should not compare India's role in Bangladesh with SL?.
The problem with SL issue, most of the Indians consider this issue as a "Tamil" issue rather than "Indian" issue.Thats why, though severity and number of life lost in SL is much greater than bangladesh, people ask this type of question.
Flag burnig is a criminal offense in India, just FYI.
---
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GCwaitforever
01-23 05:34 PM
If there is a need for companies to save money by going for substituted labor, then maybe the DOL and USCIS should work out to make the priority date of substitution case same as the 140 date and not the labor filing date.
I am not sure of validity of substitution labor at all. When the original labor petition was applied, they could not find suitable candidates and hence they had to approve the labor. Fine. What about at the time of labor substitution? They ought to check the labor market again for a suitable candidate and only after confirming that there are not any candidates, the substitution labor should be approved with priority date of the substitution labor filing, not the original priority date. This will make labor substitution difficult for Desi companies and keeps it fair for everybody - immigrants, local candidates.
I am not sure of validity of substitution labor at all. When the original labor petition was applied, they could not find suitable candidates and hence they had to approve the labor. Fine. What about at the time of labor substitution? They ought to check the labor market again for a suitable candidate and only after confirming that there are not any candidates, the substitution labor should be approved with priority date of the substitution labor filing, not the original priority date. This will make labor substitution difficult for Desi companies and keeps it fair for everybody - immigrants, local candidates.
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dixie
05-10 05:03 PM
even if labor market tests are the right way to go, there is no justification for the enormous bureacracy involved in the US EB system. Consider the time it takes to clear labor certification .. 4-6 months under PERM.Then why another 4-6 years after that to issue the green card ? If the person has already proven he is in a speciality occupation, why the additional bureacracy, and retrogression in the name of "diversity" ? Current policy just smacks of ambivalence.. immigrants are needed for the economy, yet the rules dont acknowledge their utility by offering a painless path to permanent residency.
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walking_dude
12-14 04:45 PM
I find it abominable that there are still some humans(?) left in this century who want special benefits based on their race and country-of-origin in this 21st century !
It's time people were measured on merit instead of he is Indian, Chinese or some other nationality. Eliminating country quotas is part of IV strategy on the homepage. If someone has issues with it, well you are working against IV strategy !
Stop dividing people based on ethnicity - Indians, Chinese and others. Every one deserves equal opportunity, not based on their country, race or color (all abominable ideas to me) , but purely on merit.
It's time people were measured on merit instead of he is Indian, Chinese or some other nationality. Eliminating country quotas is part of IV strategy on the homepage. If someone has issues with it, well you are working against IV strategy !
Stop dividing people based on ethnicity - Indians, Chinese and others. Every one deserves equal opportunity, not based on their country, race or color (all abominable ideas to me) , but purely on merit.
more...
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sertasheep
09-03 09:54 AM
This was the response I got 3 years ago when I enquired, but I believe the process is different for each province in Canada, and you may want to talk to the person below for more details. Life after internship/residency is not that lucrative in Canada. You may be better off in the Middle East.
************************************************** ******
If graduating from an accredited medical college in he United States, he/she will have substantially less difficulty obtaining his/her license to practice medicine in Canada.
He/She will have to complete the qualifying examinations that are administered by the Medical Council of Canada. There are two of these exams. Information about these exams can be found at http://www.mcc.ca. He/She should not have to worry about being subjected to the international medical graduate programs since American schools have their degrees recognized by the licensing bodies in Canada.
Contact Info
Scott Butler
Member Relations/Project Manager
Association of International Physicians and Surgeons of Ontario (AIPSO)
2 Carlton Street, Suite 1004
Toronto, ON M5B 1J3
Phone: (416) 979-8611 x 4301
Fax: (416) 979-9853
Email: membershipaipso AT cassa.on.ca
Web: http://www.aipso.ca
************************************************** ******
Check out these links:
http://www.readersdigest.ca/mag/2004/08/doctors.html
http://www.aipso.ca/doctors_in_waiting.htm
http://www.justlanded.com/english/canada/tools/forums/jobs/qualifications_for_foreign_doctors_in_canada/foreign_doctors_in_canada
http://www.canadaimmigrants.com/forum_2.asp
Lots of links out there, you'll have to do some research.
************************************************** ******
If graduating from an accredited medical college in he United States, he/she will have substantially less difficulty obtaining his/her license to practice medicine in Canada.
He/She will have to complete the qualifying examinations that are administered by the Medical Council of Canada. There are two of these exams. Information about these exams can be found at http://www.mcc.ca. He/She should not have to worry about being subjected to the international medical graduate programs since American schools have their degrees recognized by the licensing bodies in Canada.
Contact Info
Scott Butler
Member Relations/Project Manager
Association of International Physicians and Surgeons of Ontario (AIPSO)
2 Carlton Street, Suite 1004
Toronto, ON M5B 1J3
Phone: (416) 979-8611 x 4301
Fax: (416) 979-9853
Email: membershipaipso AT cassa.on.ca
Web: http://www.aipso.ca
************************************************** ******
Check out these links:
http://www.readersdigest.ca/mag/2004/08/doctors.html
http://www.aipso.ca/doctors_in_waiting.htm
http://www.justlanded.com/english/canada/tools/forums/jobs/qualifications_for_foreign_doctors_in_canada/foreign_doctors_in_canada
http://www.canadaimmigrants.com/forum_2.asp
Lots of links out there, you'll have to do some research.
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docp
06-03 06:04 PM
this article says and I quote:
"Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009"
now the only category indians could have used up more numbers is EB1, as that is the only category which is current. and this means that india's normal share about 9600 per year, so an extra 9600 EB1 were issued to india, which sounds improbable. this also contradicts what is said in the next paragraph about EB1 usage.
"Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009"
it can not have gone to EB2 because as Mr. Oppenheimer puts it
"The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category"
so i dont know what he is trying to say when india has used twice the limit in 2009..i would really appreciate any input.
ALso can somebody please explain this sentence as well
"He stated that, due to the dramatic increase in employment-based filings visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year"
However a later report from USCIS says there is a drastic reductionin I 140 apps,
also just today AILA released that DOL is processing JULY 2008 PERM cases, so where is this demand by increased filings that Mr. Oppenheimer talking about coming from.
I am totally confused. senior members please analyze
"Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009"
now the only category indians could have used up more numbers is EB1, as that is the only category which is current. and this means that india's normal share about 9600 per year, so an extra 9600 EB1 were issued to india, which sounds improbable. this also contradicts what is said in the next paragraph about EB1 usage.
"Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009"
it can not have gone to EB2 because as Mr. Oppenheimer puts it
"The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category"
so i dont know what he is trying to say when india has used twice the limit in 2009..i would really appreciate any input.
ALso can somebody please explain this sentence as well
"He stated that, due to the dramatic increase in employment-based filings visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year"
However a later report from USCIS says there is a drastic reductionin I 140 apps,
also just today AILA released that DOL is processing JULY 2008 PERM cases, so where is this demand by increased filings that Mr. Oppenheimer talking about coming from.
I am totally confused. senior members please analyze
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ssharma
07-06 01:17 AM
Is there certain minimum numbers of days one has to stay with the sponsoring company after getting the Green Card.
In my case I have been working with my current employer since Sept-2001 (almost 7 years).
Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.
I was in the middle of using AC21 just before my GC got approved, hence this urgency.
In my case I have been working with my current employer since Sept-2001 (almost 7 years).
Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.
I was in the middle of using AC21 just before my GC got approved, hence this urgency.
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user1205
02-12 02:55 PM
I doubt it. I think we'll start seeing the results of that rule in the next couple of months and then it will maybe get retrogressed.
Does this mean they have accounted for the people who will claer the name check hurdle after the recent memo? I was expecting EB2 ROW to retrogress based on that.
Does this mean they have accounted for the people who will claer the name check hurdle after the recent memo? I was expecting EB2 ROW to retrogress based on that.
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chanduv23
06-28 08:57 PM
There is difference... We didn't spend any money after June VB but everybody spent minimum $500 after July VB...
If they don't accept application then USCIS made govt = 500* 100,00= $ 5000000.
Mr Collection agent - why don't we start a new funding drive now :D :D Just kidding - take it easy
If they don't accept application then USCIS made govt = 500* 100,00= $ 5000000.
Mr Collection agent - why don't we start a new funding drive now :D :D Just kidding - take it easy
unitednations
02-19 11:38 PM
Why is it surprsing that Skill Bill is not passing when restaurant manager is getting GC before US CS Ph D?
Now; everyone might see the extent of gaming in the system and why it is not so clear cut of the "benefits".
L-1a is an abused category. One can have a business back home; get an L-1a for one year to open an office in USA. Once they are here; after one year they can extend the L-1a for three more years if they can prove that they have opened the office and office back home is still running. In this scenario person can self petition after being on L-1a for one year. This is why L-1a has a limitation of seven years. First time you get one year to open the office then two three year extensions.
If a person comes through a companies L-1a but not to open an office but to join an existing office then they can apply at any time. Enough people try to come here on business visa and then change status to L-1a to get around the scrutiny of the consulates and then go for greencard through this route.
Now; everyone might see the extent of gaming in the system and why it is not so clear cut of the "benefits".
L-1a is an abused category. One can have a business back home; get an L-1a for one year to open an office in USA. Once they are here; after one year they can extend the L-1a for three more years if they can prove that they have opened the office and office back home is still running. In this scenario person can self petition after being on L-1a for one year. This is why L-1a has a limitation of seven years. First time you get one year to open the office then two three year extensions.
If a person comes through a companies L-1a but not to open an office but to join an existing office then they can apply at any time. Enough people try to come here on business visa and then change status to L-1a to get around the scrutiny of the consulates and then go for greencard through this route.
BharatPremi
12-13 05:22 PM
In short, you cannot challenge the law itself but, can challenge how the law is interpreted.
In general terms, yes that is the case and it should be. But what if some law is in direct conflict with the main theme or part of the constitution ?
Like here EEO bans consideration of country of origin but EB based immigration allows per country limit. Both concepts/practice are really attached with "Employment". :confused:
And all laws are really covered under the power of constitution? If not than where this one (per country based) lies? Constitutional OR non constitutional?
In general terms, yes that is the case and it should be. But what if some law is in direct conflict with the main theme or part of the constitution ?
Like here EEO bans consideration of country of origin but EB based immigration allows per country limit. Both concepts/practice are really attached with "Employment". :confused:
And all laws are really covered under the power of constitution? If not than where this one (per country based) lies? Constitutional OR non constitutional?