Friday, August 5, 2011

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  • ujjvalkoul
    10-04 10:40 AM
    STAmisha,

    Once u sent ur application, did nt u have to go for an interview and then a Physical. Also, I have heard that to get PR stamped onto ur passport, u actually need to physically enter Canada. Kindly confirm?





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  • rahulpaper
    06-26 01:51 PM
    I sure do hope you are right.....because i am in HR boat as well...
    BTW Thanks to you and the core team on CIR front...keep up the good work.


    Once again, what is with this "Flood" and "too many". Petitions are postal packages. They are not Tsunami waves that would prompt them to shut down their doors to prevent flooding. They did get nearly 200,000 petitions in Vermont in one day. What happened ? Did the mail room clerk drown in fedex ? Were the packages overflowing in the parking lot ?

    Guys please stop thinking these logistics, and get a life. USCIS has people who are capable of predicting several hundred mail packages and handling them. They are inefficient and slow but they are not galactically stupid. And if they stop accepting petitions, it wont be because they have received "Too many" because it takes time to define "too many". So chill and try to file it before 31st July.

    These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.

    Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.





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  • TeddyKoochu
    09-15 01:45 PM
    It seems most analysts here think that by Q4 2010 the approval of 485 could theorotically reach mid 2006 with a liberal allocation of spill-overs and a conservative estimate of abandonment etc.

    My question is in order for CIS to have sufficient 485 cases to review .. will they not need to advance dates still further so they can start reviewing the apps and in 2-4 years time give those folks the GC.. I am specifically talking about all those who missed the July 2007 bus and whose priority date is after july 30, 07.... any hope for poor souls like us to at least file for EAD in 2010?Or is this wishful thinking?

    Iam also one amongst this lot, as somebody told me be hopeful and cheerful, our day will come. I really understand your pain and suffering, we are kind of the worst affected lot (or atleast one of the worst affected), those who made it in Jul 07 atleast have interim relief. The extent of spillover will really determine our fortunes; I honestly believe that there is a 50-50 chance of it happening this year. Let�s wait for the experts in this group to analyze the data. Since in those days it used to take 2-3 months for labor approval we will have individuals from as early as May 07 who missed the Jul 07 bus, mine is in the last week of July. I hope we will be able to get in the bus and drive out this year!





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  • rbharol
    03-19 01:25 PM
    Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
    Thanks

    Do it yourself. It is easy.



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  • msp1976
    02-13 03:30 PM
    Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).

    However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.



    I interpreted that as allowing a country to go over the overall 7% limit in the total EB categories.....Which conforms to what USCIS did in 2005....USCIS allowed much larger than 7% from India that year...and they were within law...( Of course that can be litigated against if someone raises an objection ......)

    So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...





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  • needhelp!
    09-23 04:04 PM
    I just finished sending the emails one at a time with a little customization.

    http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw



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  • snthampi
    07-30 11:58 PM
    Gave you green for making me laugh. I am adding step 8.

    8. When they ask you what you do in your free time tell them you watch porn and ma***te :eek:
    :D:D:p:D Very funny. I just love this thread. For a moment we can forget about the stupid GC fiasco.





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  • TeddyKoochu
    09-24 10:28 AM
    I believe that to maintain a steady 485 EB2-I queue the dates should advance fairly fast till maybe the end of 2007 much sooner than September. Following are the reasons, 6 months back probably there were less pre-adjudicated applications so the focus was reviewing and completing these cases, now most of the applications are pre-adjudicated and the route for steady approvals looks clear like what has happened in Sep 2009 for 2004 cases. There will be a time if the spillover happens as many have predicted then most of the cases will get approved and the pre-adjudicated applications will be less or even dry out, so in the letter and spirit I feel that the 485 pipeline should be equally populated at all steps, considering that the 485 approval process is long and has several steps. This year represents great hope for people who missed Jul 07; I guess its time for the next batch to get EAD/AP, I hope Iam not being over optimistic. Feedback and comments welcome for all.



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  • bayarea07
    07-28 02:07 PM
    I donot think its in any way wrong to come meet somebody and say hi and try to talk to but what is wrong is the methodology adopted by these folks which basically irritates people.
    I do not think its any way different then any networking event in Bay Area , the only difference is you meet somebody introduce yourselves and about your product and then move on and then just wait for the other person to contact you, however in case of amway first part of meeting is ok but they completely miss out on the second part instead of waiting for the second person to call they just keep calling you and harassing you with calls


    Hi Gopi,
    Good post. But tell me why should i give a damn about either Amway or BWW? I don't.

    It is horribly insane to talk to your business ambitions to a stranger. Every person is different and I personally take it offensive when someone I don't know comes and bothers me with his/her business nonsense. I am sure there are many people who think in the same way.

    In the beginning, whenever a I came across a Desi in a mall or in a public place, it used to make me happy. Now, I always suspect that it could be a Amway SOB who is coming to me with his trash bag.

    By the way, Gopi, this is nothing against you personally.

    To all Amway street walkers, get the hell out of my way. I don't want to hear your nonsense. Period.





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  • user1205
    02-12 01:37 PM
    As far as I know the country quotas are followed only in the first 3 quarters of the year. Last year a lot of numbers were used for India/China in the June/July fiasco and ROW used less than the yearly quota. India had I think 3 times the yearly quota in those months. So they're trying to use up as much as they can for ROW this year I guess.


    I have the same question. State dept moves the date just so that the visa numbers are used for that category. If a category is retrogressed, then it can't really be "undersubscribed".

    This was listed at the bottom of the page in the March VB in state dept's website:

    The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.



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  • hiralal
    05-30 11:25 PM
    we are listening to new ideas/suggestions by all members, you don't have to be acrimonious in your response.

    Please learn to tolerate others. Everybody deserves a fair chance to be heard.
    Belmontboy ..Thanks for the same ..as I said earlier any campaign should highlight the positive aspects of legal immigration ..fighting over EB1 misuse is not going to help. I am a prospective home buyer and in the last few months, I met 8 buyer / seller agents ..they are literally sweating for any business ...at the very least let us show the positive contribution that immigrants have for the housing and other related economy (which is massive in terms of $$$$$). I am sure everyone will agree that this is better than fighting over EB1 misuse and fighting amongst ourselves





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  • GC_sufferer
    07-03 09:27 PM
    We should ask Congress to postpone the July 30th fee increase while it studies how USCIS can function year round with the same efficiency that it showed in the last two weeks of June.



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  • Rb_newsletter
    01-21 06:15 PM
    I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.

    ------------------------------------------------------------------------------------------
    However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.

    � No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
    � No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
    � If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.


    Why?

    Because of 2 recent events:

    1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
    2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.


    What does the memorandum mention, specifically, about 3rd Party Consulting companies?

    Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf


    Employer-Employee Relationship:

    As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.



    Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!




    This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):



    �The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�



    Right to Control:

    Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!




    Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?

    This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!



    How this memorandum relates to the recent deportation events from NY and NJ airports?



    There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.



    Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)



    What one could predict as happening sooner (trend)?

    � Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
    � Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.


    Good Luck my Friends....!!





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  • munnu77
    09-24 11:18 AM
    I think we should send a copies of these mails to the various Housing Agents and other Housing related agencies.

    I thibk they also can use their lobbies to work for this proposal as this would be helpful to their business too.

    good Idea



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  • saileshdude
    07-06 02:28 PM
    Hello,

    This is the question for the attorney. I have been laid off and my company is going to revoke my I-140 within 30 days. My I-140 was approved in 2006 and I485 applied last July 2007. My questions are

    1) what is the current trend if I1-40 is revoked . Does uscis send an RFE or NOID or a direct denial for I-485. How long does it take for revocation once employer submits. If I am not able to find a job before this happens will it impact my I485 application.

    2) If I am able to find a job and transfer H1 to employer B before I-140 from company A is revoked and then if again I have to switch jobs to say employer C , can I get extension of H1 just based on pending I-485 even though underlying I-140 is revoked considering I am porting using AC21.





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  • chanduv23
    02-13 06:32 PM
    friends,

    you have 29 people in favor.
    great! each one needs to put their time and money where their mouths (mouses) are.

    i suggest: take up a collection, then go get top notch legal opinion.
    until you do this, no point going forward, this is going to be a very
    important step.

    c'mon folks step up...get a collection plate out and open your pockets.

    If we reach a critical mass of 50 people - "genuine" people - then it is a good start - the first step can be to look for the best lawyer for this kind of issue. This need not be an immigration lawyer if I am not wrong.

    A main team of 5 people can lead this and form a mailing list to include the interest parties.



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  • samay
    07-15 05:36 PM
    I have a general question on an option in case of I-485 denial. I know that if underlying I-140 gets denied, I-485 is also denied. My question : is the vice versa true. ? If I-485 gets denied, will I-140 also gets denied.?

    If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?

    I do not know the specific facts of your case but the denial of I-485 can be appealed successfully. Therefore if your I-485 gets denied your underlying I-140 does not get denied.





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  • saps
    10-29 01:50 PM
    I don't think waiting for GC will be such a big problem if we can get relief from Government related to flexibility in job change (just like after getting GC), option to opt for FT school, etc... We can request immediate relief to GC community that if their I-485 is pending for more than 2 years (say), they should be granted a temp. intermediate status which should allow them to change jobs which are not neccessarily similar or on same payscale, flexibility to opt as FT student if they want to..... If we get this flexibility, I don't think waiting for GC is going to hurt so much. We have tried so much to get the GC quota increased but nothing has worked. May be we should focus on small things like this first. Just thinking aloud.





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  • Kodi
    05-12 05:07 PM
    This is an old artical I was able to dig up. These LTTE members have been living in colombo for 15 years. Its hard for the military to pin point terrorist among so many tamils. That's why they asked them to justify their stay in colombo. Its not a pretty situation, if the military doesn't question then the LTTE would have already taken over the capital.

    This is just one incident, so far military have found many times, large number of weapons are explosives from houses in Colombo.

    http://www.lankalibrary.com/phpBB/viewtopic.php?f=2&t=2818





    breddy2000
    09-03 11:40 PM
    dealsnet,

    You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?

    Wow supporting to your own alias comments... And on top of it creating multiple IDs to increase your reputation.

    Is this not how you break the system????....This is called Corruption my friend....

    I can't help myself Laugh the hell out your stupid behavior ....LOL





    ItIsNotFunny
    06-05 02:56 PM
    Recently I was on a flight from Delhi to Mumbai and the guy next to me was a former RBI employee. I asked him as to why the Indian govt. is not doing anything about the billions of USD left behind by Indians returning to India in the form of SSA and Medicare taxes, to which he replied that the obstacle to a treaty as stated by the US govt. is that India does not have a system comparable to Soc. Security and Medicare for distribution of money to it's retirees.
    Such a pact was apparently considered in 2006, but went nowhere due to disagreement about how the Indian govt. will track money distribution and administer the program.

    There is already a thread working on Government of India to consolidate Pension Fund with Social Security. America already has this type of treaties with few european countries. But looking at the bereaucracy now, this may take next 10-15 years.



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