Friday, July 1, 2011

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  • hopefulgc
    02-14 03:38 PM
    damn.. lazycis you are good... its a winning precedent.
    would you be our lawyer (you have a few weeks to get the JD and clear the bar exam)
    :)


    ---------------------------
    Originally Posted by lazycis View Post
    "Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "

    http://immigrationvoice.org/forum/showpost.php?p=223326&postcount=124

    See the Judge ruling from Lazycis post regarding namecheck. USCIS has an obligation to use the numbers to the fullest extent.





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  • sk2006
    03-31 10:11 PM
    Why don't you guys go to some 'INDIAN_POLITICAL_VOICE.ORG' forum?

    This is immigration form and people from all over the world are the members.
    Don't spam them.


    Moderators, please delete this thread.





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  • tikka
    07-04 09:28 AM
    I meant a scan of the other 100 page thread Breaking news. I did not follow that thread and it has lot of issues. Please summarize them here.

    I will add issues from here! thanks

    yeah thats what i meant.
    the adds on in red are from the other thread....breaking news...





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  • 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.



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  • PlainSpeak
    01-13 03:45 PM
    mc,

    this guy is pulling u'r chains..... its not she.... its a he.....

    u know who this guy is? surprise surprise ....... gcperm is back.... as plainspeak....

    hey gcperm aka plainspeak..... long time.... where've u been? i missed u :rolleyes:
    Ron Hira my friend you are on an immigration forum and you have an Anti Immigrant login id. Now what could be funnier than that Ha Ha...

    As to me being a guy phasshhhhhh i am all female

    And i am laughing in my pants seeing you confuse me with GCPerm. I remeber seeing that name on IV before. Was he an EB3 who was kicked out by you guys ?





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  • conchshell
    07-29 02:50 PM
    Well, I think the scenario is different. It is somewhere inbetween those two thought processes:

    1. They are counting on CP case; but not much. If you look in the past stats about EB cases processed via CP, it is usually a very small number (and this would just make sense: if you are doing EB green card, you will be working in US and will do AOS). CP cases can not be more than several hundreds.

    2. The major hopes DOS has is on USCIS to process large number of cases. And they ARE capable of doing so; but only RANDOMLY (not in the order of PD or FIFO or anything like that). It is very unlikely that DOS will let USCIS waste any visa numbers. Because it is DOS's responsibility, not USCIS's. And that was main reasoning behind July Fiasco; where DOS wanted to prove that it is not DOS but USCIS who is responsible for the wastage (remember, there were some 60000 visa numbers unused at that time). This time, they are playing the game of "cooperation". DOS will advance dates only till USCIS can handle (not everything Current); and in exchange USCIS will use up all the numbers.

    If USCIS can not show that they have used up at least 75% (or something in that range) of the remaining visa numbers (which are probably in the range predicted in this thread giver or take few thousands) by mid august, DOS will further advance dates in sept. If USCIS shows that they used up most of the numbers, dates may go back. It would not matter what the dates are in sept as the end result is the same: all the remaining visa numbers will be used (probably randomly) to people with PDs upto mid 2006.

    I do not buy the "CP using numbers" theory from Ron or Murthy. It is all about allowing USCIS to use the numbers randomly and let them pick the "low hanging fruits" (as they usually like).

    For the next fiscal year, they will move dates back to mid 2004 (just a wild guess), but I dont think it matters any way...(till the end of the fiscal year). USCIS will probably go in hibernation again till the last quarter of next year and the date will advance again dramatically (may be upto 2008) to let them use all the left over/spilled numbers.

    I think that its a reasonable analysis.



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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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  • jayleno
    09-23 11:10 AM
    What an irony my friend. I'm arguing for people like you...who can afford to buy a home in this economy and you arguing for people(bodies in your "not every body") like me who cannot afford. Thank you for your concern, but I think it is a very good idea.
    :D
    What a Twister !!!
    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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  • vdlrao
    07-21 11:13 PM
    Ron gotcher says dates will go back yesteryears:


    "Most likely, India E2 will retrogress in October back to late 2002 or early 2003. Don't count on rapid forward movement in the future."

    He says he got this from DOS.

    What abt this?

    PS: I am just asking not arguing.

    Theres no argument about EB2 retrogression. It will retrogress defenitely in the next few bulletins. But the retrogression would be mild one and that would be there only for a VERY SHORT SPAN of time. After that the cut off dates would run like to reach the CURRENT.





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  • vdlrao
    07-16 06:05 PM
    EB2 is current now..."EB2 will be current within a year" gives an impression that EB2 which is not current will get current in one year...

    I mean EB2 India will be current with in a year.



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  • amsgc
    07-04 12:58 AM
    Agreed !!

    These days i'm driving back from work instead of taking the Train/subway because my client location changed and i built this habit of listening to
    Talk radio by guys like Howie Carr , Michael Savage etc.. ( WRKO 680 at Boston) and they really influence Public decision....

    They were beating the s*** out of Bush, Ted kennedy because of CIR ( atleast verbally ) and calls after calls were coming from local american Public...

    But our story may not be very interesting for Locals - so talk radio probably won't take it up as a Topic ???

    It depends on how you put the issue across to the talk show host/american public. If you say how you want a green card, high skilled, legal immigrants, etc., then general junta is going to club it all into the "immigration issue" and our voice will be lost.

    However, if you put yourself across as someone who got the shaft by the government, victim of mismanagement of govt. agencies, and possible msiconduct, then people are likely to listen. This is because American citizenry is very particular about where their tax dollars are going, and if they don't find transparency in government functions, they will demand explanations.

    If you listen to the programs, then you should call.





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  • Rohan99
    07-30 01:20 AM
    psaxena ..... Are you obsessed with GC? This thread is about amway not immigration. Try to learn differentiating

    You need to Grow up instead of saying others. Use your common sense next time you post such things, Read thread topic before writing anything.



    Wait a min , how much had you?? Your status is Member and Kaushal's is a Donor.. wait a min let me think who is donating and who is a FREELOADER here.

    The guy is doing something to make his life better, atleast making an attempt to do something better, why do you losers are trying to demotivate and shoot him down.

    No work is small or big , good or bad , work is work.. you wanna do it , just do it , else walk to out. Do not exhibit the desi attitude "I won't do it as what someone will say and also do not let any one else do it." Grow up.



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  • ivar
    08-15 10:16 PM
    -- Deleted ---





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  • go_guy123
    06-12 12:01 AM
    "Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. "

    i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..

    I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.

    citizenship application is actually speeded up when democratic party is in power



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  • mihird
    10-09 04:24 PM
    what if both husband & wife get jobs and come here on TN vsia, then how does TD visa apply because both are working? is that possible for both to work in US without one getting into this TD tangle?

    db

    You won't get into the TD tangle similar to not getting into the H4 tangle if both are qualified, intending to work and qualify for their respective TNs..





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  • gc_check
    06-15 01:45 PM
    Luck does plays in big role in EB Immigration.

    Prior to PERM, people applied from one of the States that were processing fast got the GC within couple years. People mainly from NY,NJ,CA,TX,OH and few others were those unlucky ones who had to go through back log elimination center with very old PD's. All, dates were current till Dec 31,2004 and most people who were able to get Labor approval prior to date were able to file 485 prior to this date and most got GC's. But BEC was slow in the beginning, they had this 45 day letter, etc... and by the time, labor approvals started from BEC, priority dates were already retrogressed. Still most people if not all got their GC's. They are still a significant numbers with PD's from 01,02 and 03 waiting in EB3 category and a few in EB2. Since late 2000 and 2001 were not a nice year for s/w sector, i believe a greater number of people were forced to change employment and without a approved I-140 they were not able to carry their PD. Also few folks stuck with a pending AOS somehow got lucky in July.

    There are multiple form posts with reference to Oppenheim statements and I quote the link from Murthy website
    http://www.murthy.com/news/n_ebvisa.html

    I believe the significant % of numbers of pending application in EB2 would be with a PERM labor and all are with PD with March 2005 or later and few with traditional labor process. Assume 90% of applicants with PD earlier than 2003 should have got their GC's and if not will soon. EB3 would have a mix of folks waiting as many people are with PD 2004 or later and when dates were current, none bothered about the category in which GC/ labor was filed. EB3, had not gotten any unused visa from other categories and given the current scenario, it does not look bright either, unless EB2 is current, numbers don't trickle down to EB3 and EB3 ROW itself is in severe demand. I do know few unlucky friends of mine with EB3 PD of 2004 or earlier still waiting to file AOS.

    We all know, till Sept 09, nothing would change. Come Oct 2009, with FY10 visas, at least pre-prem EB2 folks have a better change but for EB3, unless you are 2001 / 2002 chance are very little in FY10 and folks with PD03 and sooner can cautiously bet on FY11, unless there is some congressional intervention, the only option is to wait...

    But if we can get one or two small relief, if not a complete solution to the entire mess, legislative solution like Not counting dependent (On average each primary application consume 2-3 visa numbers based on history), re-capture unused numbers, waive per country limit for n number of years or exclude people with PD older than 5 years and already in US (just an example) or exclude people who already have 40 credits points with SSA (At least these people have contributed to the country significantly ~10 yrs and already consider they are part of this society ) might help.

    Also, lately there seems to be a lot of venting out in the forums rather than having a constructive debate / discussion. Also just talking does not translate to results.

    It is practically not possible for all to be actively involved in works IV core is doing (appreciate them) for various reasons but small or big at the least, a one time contribution from all who have not done so far might help these folks who dedicate their time and energy and result in a relief for all. Change doesn't come @ ease. I am not active either, but from time to time, I try to do the small part I can. Given the dynamic environment we are in, we need to do something today or it is too late.... This forum has 30,000 + members and $10 per individual could translate to 300K that can be put to good use. Nothing is free in this world.



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  • msp1976
    02-13 03:42 PM
    If they changed the law to have 300,000 visas but there is 400,000 people going for greencard; then there would still be retrogression. The unused visas from ROW would not get allocated quarterly but in the fourth quarter.

    Out of those 400K ....200K happen to be India/China...

    Today's projection for me EB3/India is 7-10 years to get GC....
    with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....

    Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)

    Reference
    http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
    Look at a(3)

    (3) Exception if additional visas available
    If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.





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  • mbawa2574
    02-15 01:43 PM
    You guys keep saying diversity is a FB immigration problem only not EB, hence no cap needed in EB.
    REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.

    Cheers.

    Yes skills don't need a cap. If I am a business owner, I have all rights to hire best and brightest in the world. It is my choice whom I hire not Government tells me where to go for hiring. Business may hire from India or Antartica, it should not be anyone's damn concern. Let the free markets work !!! This is insane





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  • franklin
    02-14 04:44 PM
    Wow - yes, I obviously wasn't getting the point! Thanks UN for clarifying it.

    My earlier comments were more questioning why we debating what I thought was a hypothetical problem, ie "if there were unused visas, there wouldn't be retrogression", and I was missing the bigger picture.

    I certainly wasn't "one of those EB3 WOW guys" just arguing that we should get all the extras, if you know any history about my posting on this board, you'll know that I am concerned with everyone's fight, not just mine.





    boreal
    05-29 01:45 PM
    I strongly feel you guys are right regarding EB1 misuse. I also know of some people who are applying in EB1 using these loopholes. we should do something to stop this fraud.

    So overall maybe 2k-3k EB1s are gone to those fraudsters! Big deal? How good a visa movement will we get if we prevent that? By stirring this stink pit, we are only doing more damage to our cause. This is another bullet for those antis to pick up on and malign us even further. Why even discuss such things?





    Edison99
    09-24 11:54 AM
    when there were no dates in VISA BULLETIN for EB2 and EB3, how the people filed 485 in the year 2008 and 2009 under EB3 and EB2 as well?
    Good Question though!