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senthil1
09-26 08:43 AM
US economy situation is alarming. I doubt they will consider any immigration related bill until financial crisis stablises.2009 will be the key.Economy has to stablise. If not anti immigrants will block any bill citing the economy as the reason. If unemployment increases every month then any immigration reform is distance possiblity.Illegal immigrants are is getting publicity every year by rally for past 4 years but nothing happened. Pro immigrants are trying to block E-verify and some other anti immigration reforms. Anti immigrants are trying to block pro immigrant reforms. So any immigration reforms will be stalled until some compromise reached by moderates
no comments from anyone on this ..I guess most of us are resigned to our fate ? no problems though since I have also given up ...GC will come when it has to ...it is better to have plan B and plan C ..(i.e. be ready to accept that there is a good chance that getting GC will become more complicated esp if there are layoff's everywhere ..I guess there is already a thread regarding issues faced by people who had to use AC21)
------
I guess most of us are angry and resigned to fate ..what if we come with a shock therapy campaign ..i.e. get thousands of legal immigrant signatures ...and say we are fed up with the broken system and we intend to give up and leave US soon .. if this gets lot of publicity then atleast someone (maybe one of the presidential candidate) will come up with a solid promise to do something ??
I have posted this in other threads to get more inputs ...I guess we need something dramatic especially when our cause is dying ...point is to get maximum publicity ..maybe flowers + the intent to leave USA
no comments from anyone on this ..I guess most of us are resigned to our fate ? no problems though since I have also given up ...GC will come when it has to ...it is better to have plan B and plan C ..(i.e. be ready to accept that there is a good chance that getting GC will become more complicated esp if there are layoff's everywhere ..I guess there is already a thread regarding issues faced by people who had to use AC21)
------
I guess most of us are angry and resigned to fate ..what if we come with a shock therapy campaign ..i.e. get thousands of legal immigrant signatures ...and say we are fed up with the broken system and we intend to give up and leave US soon .. if this gets lot of publicity then atleast someone (maybe one of the presidential candidate) will come up with a solid promise to do something ??
I have posted this in other threads to get more inputs ...I guess we need something dramatic especially when our cause is dying ...point is to get maximum publicity ..maybe flowers + the intent to leave USA
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pmb76
04-02 05:31 PM
What do you have to say about all well educated and intelligent bureaucrat IAS, IPS etc..
Most of the so called well educated & intelligent bureaucrat IAS, IPS etc are bottom feeders and crooks. They are only there to milk the system dry and fill their own pockets. No offence but these so called IAS/IPS folks are te ones that have screwed the Indian democracy and given it a bad name.
Most of the so called well educated & intelligent bureaucrat IAS, IPS etc are bottom feeders and crooks. They are only there to milk the system dry and fill their own pockets. No offence but these so called IAS/IPS folks are te ones that have screwed the Indian democracy and given it a bad name.
Lasantha
12-14 03:45 PM
Good summary but let me also add the observation that eliminating the per country quota alone will not bring the desired benefit unless the following are also implemneted
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
To summarize the discussions on this thread:
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
To summarize the discussions on this thread:
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
2011 Emma Stone at The House Bunny
abracadabra102
09-04 10:10 AM
breddy2000,
You see YSR is in high point, as for you corruption, blood politics, mafia by him are no big deal and normal. What should I say? You are better fit to immigrate to Somalia, Afghanistan or Colombia.
Every one does that, is that a reason. You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it�s appropriate.
As posted by abracadabra102 YSR exactly fits for "No better friend, No worse enemy" and in due course he amassed illegal wealth, corruption and killings.
His death is the reason this thread is here, living or dead facts are facts and yes Good Riddance that he is no more.
Yes, will do whatever I can, humbly. In fact it is India�s citizens that are forcing these politicians to implement effective policy not the other way where people are living and enjoying an effective system.
I do not think you understood the meaning of my words correctly.
If you are a friend of YSR, you won't find a better friend than him and he will go out of way to help you. If you are his enemy, be prepared for consequences. This is also the motto of US Army and its origin is attributed to what a famous roman general once said of himself.
"No friend ever served me, and no enemy ever wronged me, whom I have not repaid in full"
YSR is a very successfull CM. He delivered what mattered most to the poor people. Some other states like Tamilnadu are introducing some of his schemes like Rajiv arogyashree. More than 30 people died after learning that he is dead. Very few people can inspire that kind of reverence and affection. He may have his short comings but he achieved more than most can dream of.
It is silly to quote corruption every time you discuss politicians. Show me any major politician of consequence who did not face corruption charges at some time or the other. It is always present in one form or the other since the beginning of politics. We are all watching what is happening with healthcare reform bill here and how powerfull insurance industry is influencing it's outcome.
And who is making these allegations? Surprise, opposition parties and some sections of media that are opposed to him.
His death is definitely a loss to the state. We need competition among politicians and that competition existed between YSR and Babu and I like both of them. Between the two, I think AP progressed overall.
You see YSR is in high point, as for you corruption, blood politics, mafia by him are no big deal and normal. What should I say? You are better fit to immigrate to Somalia, Afghanistan or Colombia.
Every one does that, is that a reason. You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it�s appropriate.
As posted by abracadabra102 YSR exactly fits for "No better friend, No worse enemy" and in due course he amassed illegal wealth, corruption and killings.
His death is the reason this thread is here, living or dead facts are facts and yes Good Riddance that he is no more.
Yes, will do whatever I can, humbly. In fact it is India�s citizens that are forcing these politicians to implement effective policy not the other way where people are living and enjoying an effective system.
I do not think you understood the meaning of my words correctly.
If you are a friend of YSR, you won't find a better friend than him and he will go out of way to help you. If you are his enemy, be prepared for consequences. This is also the motto of US Army and its origin is attributed to what a famous roman general once said of himself.
"No friend ever served me, and no enemy ever wronged me, whom I have not repaid in full"
YSR is a very successfull CM. He delivered what mattered most to the poor people. Some other states like Tamilnadu are introducing some of his schemes like Rajiv arogyashree. More than 30 people died after learning that he is dead. Very few people can inspire that kind of reverence and affection. He may have his short comings but he achieved more than most can dream of.
It is silly to quote corruption every time you discuss politicians. Show me any major politician of consequence who did not face corruption charges at some time or the other. It is always present in one form or the other since the beginning of politics. We are all watching what is happening with healthcare reform bill here and how powerfull insurance industry is influencing it's outcome.
And who is making these allegations? Surprise, opposition parties and some sections of media that are opposed to him.
His death is definitely a loss to the state. We need competition among politicians and that competition existed between YSR and Babu and I like both of them. Between the two, I think AP progressed overall.
more...
stuckinmuck
05-25 11:19 AM
Came across this link in one of our threads. I have friends in Canada who hate it there. They have not ended up becoming taxi drivers but feel they made a mistake going to Canada. If you need to leave the U.S., then a better option is to go back to your home country.
http://www.notcanada.com
http://www.notcanada.com
vikki76
05-10 04:33 PM
Australia is backup option for me. For various personal reasons-I didn't chose Canada.
Cons of immigration to Canada
-Weather
-Dependency on US
-not very diverse society
Pros of Australia
-Weather
-Trading partners with N America,Europe,Asia
-Very very diverse society with east europeans,south east asians
As for job scene,I am thinking that both are almost same, but in Australia,indian firms have a major presence.It is cheaper to open an office in Melbourne than in Bangalore!.
Cons of immigration to Canada
-Weather
-Dependency on US
-not very diverse society
Pros of Australia
-Weather
-Trading partners with N America,Europe,Asia
-Very very diverse society with east europeans,south east asians
As for job scene,I am thinking that both are almost same, but in Australia,indian firms have a major presence.It is cheaper to open an office in Melbourne than in Bangalore!.
more...
perm2gc
10-04 06:44 PM
I just got to this site via from immigration portal.
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
i am aware my threads on same scenario..do we need to discuss same thing again and again..please search the forum before opening new thread...
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
i am aware my threads on same scenario..do we need to discuss same thing again and again..please search the forum before opening new thread...
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GCard_Dream
10-18 07:21 PM
You are right. You are allowed to stay 3 years out of last 5 years outside of Canada. Your PR should still be good.
Dear Folks,
I got my Canadian PR in Sep 2005. I did the landing and gave a canadian address after which I got my PR. After that I was under the assumption that I have to spend atleast 2 years in a span of five years and did not take any attempt to land into Canada using PR. I am thinking of applying for SIN by post while I reside in US.
I am not sure now if my PR is still valid??
Can someone advice?
Dear Folks,
I got my Canadian PR in Sep 2005. I did the landing and gave a canadian address after which I got my PR. After that I was under the assumption that I have to spend atleast 2 years in a span of five years and did not take any attempt to land into Canada using PR. I am thinking of applying for SIN by post while I reside in US.
I am not sure now if my PR is still valid??
Can someone advice?
more...
akred
02-16 12:10 PM
Fraud and corruption is prevalent everywhere incuding India and a prepondernece of the bodyshops are nothing but a factory of producing overnight "IT Talents". Accept this is as one of the problem of this retrogression.
No one is going to fall for or accept this type of torn shirt, open fly argument. Retrogression is caused by insufficient GC numbers and worsened for some countries due to the country caps. The fact that there is corruption in India or any of the other random reasons you are trotting out in no way mitigates the fact that people are being forced to wait after fulfilling all of the qualifying criteria set forth by the US government.
No one is going to fall for or accept this type of torn shirt, open fly argument. Retrogression is caused by insufficient GC numbers and worsened for some countries due to the country caps. The fact that there is corruption in India or any of the other random reasons you are trotting out in no way mitigates the fact that people are being forced to wait after fulfilling all of the qualifying criteria set forth by the US government.
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AirWaterandGC
07-11 06:07 PM
Would you be knowing if it is possible to apply for PR again once the PR expires ? Or when the PR isclose to expiration ? Thanks for your help.
I have lived in Canada for 15 years, immigration system is healthy and fast enough for my family to come over. My friend who has a Master degree used to work for Xerox, quit his job go back to Canada. After 3 months he found a professional job. Personally I havent encountered such thing as discrimation or no jobs situation as serious as it mentioned on the web site.
Talking about discrimation, dont tell me you havent been discriminated from your company in the certain degree...
I have lived in Canada for 15 years, immigration system is healthy and fast enough for my family to come over. My friend who has a Master degree used to work for Xerox, quit his job go back to Canada. After 3 months he found a professional job. Personally I havent encountered such thing as discrimation or no jobs situation as serious as it mentioned on the web site.
Talking about discrimation, dont tell me you havent been discriminated from your company in the certain degree...
more...
chiragmodi
09-28 07:18 PM
Is it mendetory to file AC21 if your job title and duties are identical in your new job???
Thanks.
Thanks.
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swo
07-11 11:32 AM
You can find some bad things about Canada here -
www.notcanada.com
The criticisms of this website are LAUGHABLE. The Economist's quality of life index has rated Canada and Australia the top countries on earth to live in, overwhelming, year after year after year after year!
Vancouver, Calgary, Toronto, Melbourne, Sydney and Perth consistently dominate the top 10 cities in the world to live. 6 of the top 10?
Having spent enormous amounts of time in both those countries I can tell you they are wonderful, sensible places to live.
The index takes into account, cost of living, earnings capacity, safety, etc.
Canada probably has one of the most rosey futures on earth. It has an abundance of resources, a tiny population and ironically, global warming is adding to its opportunities. Both countries have avoided a single year of recession since 2000, are likely to benefit for ever-higher walls to migrants in the US, and on top of that, both governments continue to operate under surplus budgets.
Cost of living is actually far below that in places like NY and California.
Health care, while not top notch, provides better care on average to more people than is likely to be found in places like the US. Particularly for people that are older and more likely to need it.
Education is infinitely better. US Public schools are atrocious.
As for the weather, well duh! :) The weather in Minnesota, Chicago, New York and Detroit wasn't that much better last time I looked! And Vancouver is mild and stunning.
Yes, taxes are higher. How do you think these things are paid for? If you think it's a dog eat dog and you think that the state shouldn't provide education and healthcare, then that's fine. Canada and Australia just aren't for you!
Anyway, both countries have advantages. I love the U.S. and that's why I'm here. But don't let an inarticulate and unfounded set of ridiculous statements turn you off. Do you own research and make the choice that is right for you!
www.notcanada.com
The criticisms of this website are LAUGHABLE. The Economist's quality of life index has rated Canada and Australia the top countries on earth to live in, overwhelming, year after year after year after year!
Vancouver, Calgary, Toronto, Melbourne, Sydney and Perth consistently dominate the top 10 cities in the world to live. 6 of the top 10?
Having spent enormous amounts of time in both those countries I can tell you they are wonderful, sensible places to live.
The index takes into account, cost of living, earnings capacity, safety, etc.
Canada probably has one of the most rosey futures on earth. It has an abundance of resources, a tiny population and ironically, global warming is adding to its opportunities. Both countries have avoided a single year of recession since 2000, are likely to benefit for ever-higher walls to migrants in the US, and on top of that, both governments continue to operate under surplus budgets.
Cost of living is actually far below that in places like NY and California.
Health care, while not top notch, provides better care on average to more people than is likely to be found in places like the US. Particularly for people that are older and more likely to need it.
Education is infinitely better. US Public schools are atrocious.
As for the weather, well duh! :) The weather in Minnesota, Chicago, New York and Detroit wasn't that much better last time I looked! And Vancouver is mild and stunning.
Yes, taxes are higher. How do you think these things are paid for? If you think it's a dog eat dog and you think that the state shouldn't provide education and healthcare, then that's fine. Canada and Australia just aren't for you!
Anyway, both countries have advantages. I love the U.S. and that's why I'm here. But don't let an inarticulate and unfounded set of ridiculous statements turn you off. Do you own research and make the choice that is right for you!
more...
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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.
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rajsenthil
09-04 05:57 AM
"Jayapaul Reddy Vadicherla" This is to warn you on any personal disturbing mesgs
Mr. or Mrs, so called "TrueFacts", you must be ashamed of your own thoughts. On seeing this thread, you created a fake account and became a keyboard warrior. Why? What is your other avatar? Are you suffering from multiple personality syndrome?
I expect to have little decency from "intellectuals" (pseudo?) to have some respect or atleast ignore a person who died. If you dont have that decency and let out your anger on a dead person, hehe, you all must be a real "BRAVE" person.
P.S: If it helps, I am not from AP but from TN. I have lot of good friends from AP and want to share their feelings. I really don't care if Advani, Vajpayee, Sonia or Manmohan, live or die but my decency prevents criticizing them after death.
Mr. or Mrs, so called "TrueFacts", you must be ashamed of your own thoughts. On seeing this thread, you created a fake account and became a keyboard warrior. Why? What is your other avatar? Are you suffering from multiple personality syndrome?
I expect to have little decency from "intellectuals" (pseudo?) to have some respect or atleast ignore a person who died. If you dont have that decency and let out your anger on a dead person, hehe, you all must be a real "BRAVE" person.
P.S: If it helps, I am not from AP but from TN. I have lot of good friends from AP and want to share their feelings. I really don't care if Advani, Vajpayee, Sonia or Manmohan, live or die but my decency prevents criticizing them after death.
more...
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vjkypally
09-23 05:41 PM
Like I said earlier March is the real bottleneck for year 2005. More than 3000 applications.October bulletin has already moved to Jan22'2005. From other tracking sites there are not too many Feb'2005 applications. But we have plenty of March 2005 applicants. Once it crosses March it will zoom ahead to end of 2005.
But it could be September 2010 by the time it comes to March,2005.
But it could be September 2010 by the time it comes to March,2005.
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syendu1
01-14 02:01 PM
plainspeak,
i know a thing or two about this eb related immigration. i agree people should not suffer for years together to get a perm. res card, and that too, people who may have been in the line ahead of others.
however, i dont think it is just not being ahead that creates this spill over thing. unused visas first go to eb1, then to eb2 and then to eb3. i think, that is correct. now, my view about this categorization is that, eb1 -- outstanding people, eb2 -- better qualified, eb 3 -- skilled but not qualified in terms of degree or experience, whatever. (pls understand, i am not degrading eb3 people, i have loads of very close friends in eb3 who are extremely intelligent and i can tell you, can easily compete with the eb2 guz, as far as knowledge etc goes).
but, there is a reason for this division and just for that reason, visas have to go thru eb2 before eb 3. if that is not the case, they wont put people who go for NIW in eb2, it wud have been in eb 3 or a completely separate category.
u did mention to someone that u dont want to convert to eb2 or something in those lines, but i believe everyone should try to get to eb 2 (get masters, or after getting the experience), there is nothing wrong in doing so. (if u feel that i shud not be giving u advice, then just ignore the above few lines)
i believe some of things people pointed out like visa recapture, not counting the dependents etc are the kind of things where IV should focus energies. this is good for all immigrants
bottomline: i believe it is wrong to distribute remaining visa no.s to eb3 category before servicing eb 2, becoz i thought, the categories were specifically created to prioritize.
and please, bear in mind, i am not saying this coz i am eb2. i thought logically that was correct. and, i do easily qualify for eb 1 as well. just did not care abt a gc. i dont care abt it even now. my thinking: if it happens, good, if not, i dont care, i can always go back home-jai hind.
i know a thing or two about this eb related immigration. i agree people should not suffer for years together to get a perm. res card, and that too, people who may have been in the line ahead of others.
however, i dont think it is just not being ahead that creates this spill over thing. unused visas first go to eb1, then to eb2 and then to eb3. i think, that is correct. now, my view about this categorization is that, eb1 -- outstanding people, eb2 -- better qualified, eb 3 -- skilled but not qualified in terms of degree or experience, whatever. (pls understand, i am not degrading eb3 people, i have loads of very close friends in eb3 who are extremely intelligent and i can tell you, can easily compete with the eb2 guz, as far as knowledge etc goes).
but, there is a reason for this division and just for that reason, visas have to go thru eb2 before eb 3. if that is not the case, they wont put people who go for NIW in eb2, it wud have been in eb 3 or a completely separate category.
u did mention to someone that u dont want to convert to eb2 or something in those lines, but i believe everyone should try to get to eb 2 (get masters, or after getting the experience), there is nothing wrong in doing so. (if u feel that i shud not be giving u advice, then just ignore the above few lines)
i believe some of things people pointed out like visa recapture, not counting the dependents etc are the kind of things where IV should focus energies. this is good for all immigrants
bottomline: i believe it is wrong to distribute remaining visa no.s to eb3 category before servicing eb 2, becoz i thought, the categories were specifically created to prioritize.
and please, bear in mind, i am not saying this coz i am eb2. i thought logically that was correct. and, i do easily qualify for eb 1 as well. just did not care abt a gc. i dont care abt it even now. my thinking: if it happens, good, if not, i dont care, i can always go back home-jai hind.
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longq
02-19 05:32 PM
What you are talking here is the Eb1-EA category.. and not the general EB1 category..
The EB1 Category is primarily meant for inter company transfers. Most of the people who qualify to get GC under this category come to US through the inter company transfer route and are primarily on L1-A work visa. Folks under L1-A do not require a labor certification and directly file I-140 /485 unlike people who come on L1-b visa which is also inter company transfer and requires a person to file a labor certification in US and then file GC under Eb2 or Eb3 as the case may be.
It�s surprising that Eb1 is current for India. Going by the facts.. the top 3 IT companies had shipped most of their project folks infact every other person to US under L1-A in the last few years when H1-b was under scrutiny for these companies. Most of these people who came under L1-A should have applied for GC under Eb1 which should have retrogressed the dates for EB1 also. The only logical reason for this that these companies are being very selective in doing GC now unlike in the past when a lot of people had got GC under this category.. and the date for EB1 for India had retrogressed in beginning of 2006..
That apart the other reason why this category is current is that most of the staffing companies aka.. body shoppers cannot use this route to get people to US.. because they need to have full-fledged profitable operations overseas�. and the person being sponsored should have atleast worked for 365 days outside US for the company. The consulates do a complete check before giving an authorization under L1-A or L1-B category..
EB1-Multinational executives also mostly abused catagory. Due to this, the demand for EB1 is very much higer than EB2. See the statisctics 2005, DOS issed 66000 EB1 in 2005 compare to 44000 EB2. If any one things multinational executives are MBA or highly skilled, it is completly wrong. EB1-Mexico is much much higher than EB2-Mexico. Top IT companies in India will not sponser any GC except one or two guys. Like L1 be a short cut for H1, EB1 is shortcut for EB3 & EB2 and to avoid LC. There may be restarunt managers got GC thro EB1. I know one guy got GC thro EB1-Multinational manager thro a small consulting firm having less employees in both India and USA.
The EB1 Category is primarily meant for inter company transfers. Most of the people who qualify to get GC under this category come to US through the inter company transfer route and are primarily on L1-A work visa. Folks under L1-A do not require a labor certification and directly file I-140 /485 unlike people who come on L1-b visa which is also inter company transfer and requires a person to file a labor certification in US and then file GC under Eb2 or Eb3 as the case may be.
It�s surprising that Eb1 is current for India. Going by the facts.. the top 3 IT companies had shipped most of their project folks infact every other person to US under L1-A in the last few years when H1-b was under scrutiny for these companies. Most of these people who came under L1-A should have applied for GC under Eb1 which should have retrogressed the dates for EB1 also. The only logical reason for this that these companies are being very selective in doing GC now unlike in the past when a lot of people had got GC under this category.. and the date for EB1 for India had retrogressed in beginning of 2006..
That apart the other reason why this category is current is that most of the staffing companies aka.. body shoppers cannot use this route to get people to US.. because they need to have full-fledged profitable operations overseas�. and the person being sponsored should have atleast worked for 365 days outside US for the company. The consulates do a complete check before giving an authorization under L1-A or L1-B category..
EB1-Multinational executives also mostly abused catagory. Due to this, the demand for EB1 is very much higer than EB2. See the statisctics 2005, DOS issed 66000 EB1 in 2005 compare to 44000 EB2. If any one things multinational executives are MBA or highly skilled, it is completly wrong. EB1-Mexico is much much higher than EB2-Mexico. Top IT companies in India will not sponser any GC except one or two guys. Like L1 be a short cut for H1, EB1 is shortcut for EB3 & EB2 and to avoid LC. There may be restarunt managers got GC thro EB1. I know one guy got GC thro EB1-Multinational manager thro a small consulting firm having less employees in both India and USA.
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eb3India
08-03 06:03 PM
labor subst is good for those who can use it and of course it'z not fair for others,
Is Immigration process is a right place to talk about fairness,
my point is labour subst is not hurting is big time, Itz just some of us get jealouse when they see others getting ahead of the line
IV needs to focus itz energy on much broader issues
Is Immigration process is a right place to talk about fairness,
my point is labour subst is not hurting is big time, Itz just some of us get jealouse when they see others getting ahead of the line
IV needs to focus itz energy on much broader issues
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logiclife
06-27 07:15 PM
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
http://www.immigration-law.com/
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.
http://www.immigration-law.com/
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.
veni001
01-13 05:24 PM
"Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?
A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis."
A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis."
hatighora
01-05 05:00 PM
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