Wednesday, August 10, 2011

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  • gjoe
    02-15 07:13 AM
    I am going to use AC21 from March. I notified my employer (GC sponsor) about this decision during the first week of Feb. I had been working with him for close to 6 yrs but never had any problems so far.
    But today he didn't pay me. I should get 3 more paychecks including this one for 15Feb and I have my vacation days which would make up for another additional 80% of a pay check. The total would run to 18k+, if I just keep quiet and let it go I will lose the money and also what I beleive in (Freedom).
    If am not able to get my money from my employer I am going to file a lawsuit to recover the pay and also the legal fees from him. And also I am going to file a case against my employer and USCIS for being partners in doing this slave trade in America.
    I strongly beleive that the H1B system and the EB greencard system has been setup to legally bring in high skilled workers as slaves and exploit them by taking away their freedom. We are no better than illegals, in the way we are treated by the goverment and the employers.
    I will fight this case atleast to try to prove my point before I leave this place.
    I am looking for some civil rights agency which can help me with the lawsuit. My fight is not for the GC, but it is for justice.





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  • PlainSpeak
    01-14 12:41 PM
    You helped others not helping them do nothing. First help yourself by being EB2. Then try EB1.
    You helped others not helping them do nothing.
    Whaaaat i will let teh first part go because i am sure even you have no idea what you are talking about

    First help yourself by being EB2. Then try EB1.
    My friend what is so great about getting EB2. Nothing... What job i do currently is more than what is reuired for a EB2 req job. ANd i am still in EB3 and you know what i am ok with that. So me being EB3 is ok about it but you being EB2 is asking me (or should i say baiting me) to be EB2 and if possible EB1.
    Shesssssssssssssssh. Ok sorry i promised nothing bad about EB2 mentality. I will keep my peace





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  • gondalguru
    07-17 01:50 PM
    What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.

    Here is the Feb 2008 bulletin.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
    INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�

    Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.

    Look at my prior post. I think spill over will happen every quarter.





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  • AirWaterandGC
    05-11 09:22 AM
    Great observations and for once an objective analysis of CA.
    nozerd, what is pmt ? Also did you find out what are the total taxes that one has to pay say on an income of 100000 single/ 200000 married couple ? That would be very helpful if calculating one's take home pay.

    Folks,
    I just got back from Canada yesterday. I am a PR holder landed in 2005. I had gone for my 8-11 yrs H1 stamping. Needless to say this trip I was very vigilant and observant about Toronto. Here are some thoughts.

    1) When you enter Canada they will ask you to fill a customs/immigration form. On the form one question that is asked is " When were you last in Canada" also the form asks for your "current permanant address". So in my case I was last in Canada in May 2005 and I entered last week it aroused suspision. The officer asked me if I was within 2 to 5 yr room. I told him I was and I was using this trip to plan for our move. So after some questioning he let me in. I guess if that date was March 2007 instead of 2005 he may not have questioned me as much.

    2) As far as lifestyle and products there is no products not available there. Every food item and consumer good is available in Canada. The grocery stores and their shelves look the same. Since the population is low most iotems are made in US and imported. Only way to know its a Canadian market is because by law all products need to be marked in English and French.

    3) Malls etc are the same as US. Eaton Center or Vaughn Mills is no different then The Galleria or Katy Mills in Houston.

    4) Housing is what you pay for it. It is definitely more expensive than Texas and Southern US but cheaper than California or NY. Rents are cheaper in run down areas and expensive in good areas ( duh !). In a major commercial area in a middle class building I was quoted $ 1000 for a bachelor and $ 1,200 for a 1 bedroom apt but this was all bills paid.

    5) Jobs are fewer than US. Best thing to do is take a transfer with your company if they have offices there ( I know of 4 ppl who have done that). Basically if you have a US, Canadian or UK education you will be fine but iof your education is purely from India you may have a tougher time. A good option is to find a job in a border city and commute daily ( Windsor/Detroit or Foret Erie/Buffalo). I think this is a very good option if you can get a job in Detroit or Buffalo.

    6) Taxes are high. I was told by many that whatever taxes you pay in US double them. Sales tax is 15% in ON where it is 8% in TX. Income tax is also higher. Higher taxes are a fact of life in Canada (no ifs ands or buts). In return you have a country where there is no fiscal or budgetary deficit and a very well funded social security system ( unlike US). You also have benefits like 9 months paid maternity leave, a pmt every month for every child you have and medical benefits.

    7) Awesome public transport system. Gas is $ 1.04 or so a litrer when I was there. Insurance is expensivbe but not topo bad if you have a US license and good solid 5 yr US driving record. However its ridiculously high for non US or European immigrants.

    So bottom line Canada is not US and comparing it to US is not fair. However its the closesnt to the US you will get in any other country. Its everyones personal decision and no one forces anyone to apply or mopve there. One could always takje a vacation/leave of absense and go try for a job there. Or else work in detroit/buffalo. Now detroit/buffalo is in US can you find job there ??????? or are they doomed too because of proximity to Canada:rolleyes:



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  • Macaca
    06-28 09:28 AM
    My take on this is that if 40,000 visa numbers remain for July, August and September, then USCIS by itself cannot use 40,000 visa numbers in one month alone (i.e. in july), because the DOS just supplies them monthly quotas. So, if you take approx.

    18,000 per month, you are looking at 18,000 for July and 18,000 for August. Then, USCIS have to use them. Which means USCIS has to approve 18,000 petitions in July.

    As, I have heard that USCIS just started out sending finger print notices this month, because Priority Dates moved a lot in June 2007. Now, the fingerprints, will come in and forwarded to FBI for security clearance. That will take atleast a month. And, all petitions activated for clearance in June 2007 won't get adjudicated till August 31, 2007, because it takes atleast three months, for a case to approve and the visa number to be used. (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.
    Ombudsman report mentioned that 40K GCs would be wasted at the end 2007. This means that there should be more then 40K GCs at the beggining of June.

    The applications submitted starting this month will take some time (whatever that is) for processing. GC # is assigned after 485 processing is complete.

    USCIS had approved 485s before June. They have started getting GCs and are decrementing the 40K+ count. That is, applications being submitted now are not decrementing the 40K+ count.

    I don't think there is a monthly GC quota.





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  • nixstor
    07-03 04:14 PM
    Wrote to Jennifer Ludden at NPR who regularly reports on immigration
    email addresses are first name initial followed by lastname at npr dot org, if you would like to write



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  • waiting4gc
    02-13 02:30 PM
    Couldn't agree with you more.

    What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.

    We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.





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  • sk2006
    03-31 08:54 PM
    Sanjay, just ignore them. These are the very same people who are taught from childhood to stab in back. They will not dare to put a post rather they type bad words in comments.

    You think you are more patriotic than I?
    What makes you think so?

    Do you think discussing politics on immigration forum makes you more patriotic? Huh?

    BTW, I was not the one to give you bad comments... I just gave you red after reading your responses to my original post.



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  • longq
    02-13 03:53 PM
    Before AC21, the spill over goes vertically.
    After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.

    In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..

    Before AC21

    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 203 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.

    After AC21..

    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Now ROW experts, post your comment for this hypothitical example ..

    Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.

    If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.





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  • immigration_indian
    07-04 12:55 AM
    There is a link to file I REPORT ON CNN

    I have filed one

    http://www.cnn.com/exchange/



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  • rajesh_kamisetty
    07-10 09:53 PM
    I know how to get in and out .......... just kidding.

    appreciate your ego strength man...thanks for the edit...u r the man..





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  • Ramba
    02-15 04:51 PM
    INA has lot of flaws with regard to ethics or fairness. It is countless. The ROW vs India/China fight is st..d. The bottom line is US has its own rights/rule to what kind of people they want to bring in.

    If you fight for fairness in INA, then it is joke. For example, if you are a spouse of us citizen you will be given GC immediatly, (no numarical limit). However, if you a researcher from India, develops medicine for AIDS and applied NIW EB2 petition, there is no visa availble for forseeable future. You can say it is unfair. But government dont care. One cannot argue why they have E2 visa for specialy for Australians? Why not for Newzlanders? Why they have special quota in H1B for singaporans and Chilians?. If any one asks fairness question it is end less. For example in guest worker program in last year, they eliminated country quota (to legalise mexican unskilled-undocumented workers).

    Fair Bussiness that needs skilled foreign workes dont care about country of birth of workers. But it is sad that INA, prevent that fairness. But government has its own agenda. The better way to eliminate this problem is by constuctive lobbying to eliminate country quota or atleast increse from 7% to reasonable number.



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  • sk2006
    03-31 08:54 PM
    Sanjay, just ignore them. These are the very same people who are taught from childhood to stab in back. They will not dare to put a post rather they type bad words in comments.

    You think you are more patriotic than I?
    What makes you think so?

    Do you think discussing politics on immigration forum makes you more patriotic? Huh?

    BTW, I was not the one to give you bad comments... I just gave you red after reading your responses to my original post.





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  • pappu
    07-16 11:07 PM
    Please Sir,

    ....

    MC

    Please do not force the Immigration lawyer to answer your question IV has left it to the lawyer to answer questions they want to. This is a free service for IV members. We are grateful to the lawyer for this help.



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  • justin150377
    07-27 06:15 PM
    I am in my sixth year on an H1-B expiring Sept 13, 2008 also noted on I-94. My attorney will be applying for an H1 extension based on an approved I-140 and pending I-485. They are also applying for EAD and AP renewal (expiring Oct 2nd, 2008). I am currently in EB3 Worldwide with a PD of Oct 2, 2006. I will need to travel outside the country on Oct 2nd. My H1-B will be pending before but not approved by Sept 13th. Can I still re-enter on a pending H1 extension or will I have to switch to EAD/AP assuming those are approved before my Oct 2nd travel date? Thank you for your time.





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  • h1techSlave
    12-13 02:59 PM
    The Law makers don't want to colonize America.


    They already DID colonize America a few centuries back:)



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  • ramus
    07-03 05:16 PM
    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who





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  • dvb123
    02-15 10:59 AM
    There have been some class actions in Employment based category. Have to research more on these.

    http://www.immigrationlinks.com/news/news269.htm





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  • smuggymba
    07-28 11:26 AM
    what is diamond, emerald, upline etc?





    sroyc
    02-14 11:59 AM
    I was watching an episode of the BBC series - Planet Earth where people involved in the conservation and protection of the tiger and other endangered animals were lamenting about how difficult it is for the intellectuals to convince those living close to these animal habitats to help in conservation when they are not able to feed their children and are affected by the tiger killing farm animals.

    This is not exactly similar to the ROW Vs India/China debate. I'm definitely not implying that ROW applicants are not intellectuals. The gist of what I've learnt from that episode was that we cannot push for removal of per country quotas without significantly speeding the processing times for everyone. I have no doubt that the per country quota is unfair to people from countries with large populations simply because we are representing ourselves and not our countries here. (We have been bracketed according to the country of birth in order for USCIS to enforce the current immigration laws.) But at the same time, we'll lose the much required support of ROW members if our approach is to unload a few years of our misery on them.

    With so many people stuck in the backlog, we definitely need a one-time fix to flush the queue before we can lobby for removal of per country quotas.





    panini
    05-17 05:34 PM
    You are partially correct BharatPremi. The Sinhalese migrated to the island long before the time of emeror Ashoka and not from Orissa. According to the written history of Sri Lanka they arrived about 2500 years ago from the region of Bengal (which is refered to as the land of the Vanga people in SL history). The exact kingdom they came from as supposed to be located in present Bangladesh. By the time of Ashoka the Sinhalese had already established their first kingdom with the capital in the ancient city of Anuradhapura. In fact Budhism was first introduced to Sri Lanka by Arahat Mahinda who was the son of emperor Ashoka. By the time he arrived as the head of one of the buddhist missions the emperor Ashoka had sent to the regions around India, he was welcomed by the Sinhalese king Tissa and the whole country embrased Buddhism.

    The SL tamils arrived long after that during the Chola empire as invaders. They occupied the country for a while untl the Sinhalese princes were able to drive most of them back to India. The present SL tamils are the people who stayed behind in the northern regions of the island. Since they were in the island for a relatively shorter time they did not evolve a new language like the Sinhalese did. Sinhalese however evolved a new language and ther own unique culture which is still pretty similar to Indian culture.

    So the Tamils as well as the Sinhalese has lived in the island for a very long time and has every right to live in the island peacefully. This does not however give the SL Tamil the right to claim one part of the island for their exclusive use.

    We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.



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