mihird
10-09 01:37 PM
I am a naturalized Canadian Citizen now in the GC retrogression (Country of birth - India).
Only good thing about becoming a Canadian or Australian citizen is that you would qualify for the (quota exempt) TN (NAFTA) or (special quota) E3 visas.
You don't have to wait for the H1 quota to open up to be able to start working. You DO however have to wait for the quota to open to get to a H1 before you can file for a GC. A GC cannot be filed directly from a TN or E3 status.
Also, travel in and out of US for Canadian citizens in particular is painless, since they don't need a visa from the consulate. Just the status suffices. The Canadian passport becomes the travel document.
Otherwise the GC woes are the same as it would be depending on your country of birth.
Only good thing about becoming a Canadian or Australian citizen is that you would qualify for the (quota exempt) TN (NAFTA) or (special quota) E3 visas.
You don't have to wait for the H1 quota to open up to be able to start working. You DO however have to wait for the quota to open to get to a H1 before you can file for a GC. A GC cannot be filed directly from a TN or E3 status.
Also, travel in and out of US for Canadian citizens in particular is painless, since they don't need a visa from the consulate. Just the status suffices. The Canadian passport becomes the travel document.
Otherwise the GC woes are the same as it would be depending on your country of birth.
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gonecrazyonh4
11-11 10:49 AM
One of my friends informed me about immigrationvoice.com few months back, I am EB3 with PD Jan 2003 and currently waiting to file I-485 for last one year. It is frustrating to hear how some of the companies are bypassing and jumping ahead on the line. I thought I get some opinion; I am curious why this isn't being bunged. Although using a pre-approved labor is a legal thing, how much of sagacity does it really have? Within my little 10-12 friend circle I have had atleast FOUR people who got their GC within 8 months through this same company - KFORCE, Rapidigm Inc., utilizing pre-approved labor. It seems this company lures people with a condition that they will process their GC within couple of months, isn't this using the legal system at their business advantage.
What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
I completely agree that Substitute labor is being used is the wrong sense. My husband is now in his 7th year of H1B and I am still on H4.
At the same time our friend who came in 2005 to USA through an Indian company joined Rapidigm in 2005, received a 1999 priority date Labor and received his Green card (& for his wife too) in 8 months time.
This iextremely unfair means of acquiring GC and should be blocked legally.Meanwhile Rapidigm has been acquired by Fujitsu .
What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
I completely agree that Substitute labor is being used is the wrong sense. My husband is now in his 7th year of H1B and I am still on H4.
At the same time our friend who came in 2005 to USA through an Indian company joined Rapidigm in 2005, received a 1999 priority date Labor and received his Green card (& for his wife too) in 8 months time.
This iextremely unfair means of acquiring GC and should be blocked legally.Meanwhile Rapidigm has been acquired by Fujitsu .
sidbee
01-22 03:46 PM
Murthy.com explains the effects of the memo.
MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)
MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)
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_TrueFacts
09-04 08:06 PM
Dealsnet,
Yesterday too, you put a similar message to me
Shame on you for posting such kind of messages on a member. You seem to be a religious fanatic, no different than that dead thug YSR. That is the reason you are supporting him.
Yesterday too, you put a similar message to me
Shame on you for posting such kind of messages on a member. You seem to be a religious fanatic, no different than that dead thug YSR. That is the reason you are supporting him.
more...
_TrueFacts
09-04 08:08 PM
I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,
Kanaka
We are called dogs, because we discuss things, then what are we called if we don't and accept things in India as they are.
Kanaka
We are called dogs, because we discuss things, then what are we called if we don't and accept things in India as they are.
Aah_GC
07-11 12:41 PM
Thanks for that useful information. People who suffer have an inclination to touch the extremes (and I am not sure where that Taxi driver gentleman got his PHD from).
You definitely have to pay heavy taxes and earn less money - but then I imagine it is better than being a slave to desi consulting firms in the US.
Please go to this site for Canadian immigration info -
www.settlement.org
You can find some bad things about Canada here -
www.notcanada.com
Weigh yourself. Thanks
You definitely have to pay heavy taxes and earn less money - but then I imagine it is better than being a slave to desi consulting firms in the US.
Please go to this site for Canadian immigration info -
www.settlement.org
You can find some bad things about Canada here -
www.notcanada.com
Weigh yourself. Thanks
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lordoftherings
07-10 11:06 AM
Vancouver is really a nice place with beautiful climate all the year around even better than seattle. Good Luck!!
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VivekAhuja
09-29 02:07 PM
First of all for presuming that highly skilled immigrants who are waiting for GC are the only ones who can buy a house. Even 10 illegal aliens can come together and buy a house and share the mortgage.
Then, the economy is in it's cycle, it will pick up without more house buying. The issue is banks not lending to BUSINESSES not mortgages.
Most imporant, the proposal is same as saying "Sell me a GC". Ya, sure, that will pass the House and Senate.
Remember, nothing stops you from buying a house right now!!
Then, the economy is in it's cycle, it will pick up without more house buying. The issue is banks not lending to BUSINESSES not mortgages.
Most imporant, the proposal is same as saying "Sell me a GC". Ya, sure, that will pass the House and Senate.
Remember, nothing stops you from buying a house right now!!
more...
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.
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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jkays94
05-25 12:13 PM
http://www.notcanada.com/
you are much better of in india if you cant get GC in the US.
If you have a US education or in the alternate the right qualifications you should have no problem getting a stable well paying job in Canada. Its similar to a Doctor coming to the US but not taking USMLE but still expecting to get hired at the same level they were in their home country. I know of non-American friends with US undergrad degrees in Toronto making $95k+. With the Canadian dollar having recently surpassed the US dollar, the value of their pay is even greater now than it was before. If the folks in notcanada.com swallowed their pride used their PR status to get their qualifications up to par with Canadian requirements they would not waste so much time complaining. Its akin to having a car, having the keys, knowing you need to go from A to B, but complaining about the rough road as your number one excuse for not getting there. Those stuck here in GC limbo are in a similar boat, they have the car, they don't mind the rough road, they know how to drive but simply don't have the keys to get in the car in the first place. Bottomline is if one can't make it in Canada it would be difficult for them to make it anywhere else except their home country and the US (where things are relatively easy hence the now disappearing "land of opportunity" as things get tough with the misguided bill)
you are much better of in india if you cant get GC in the US.
If you have a US education or in the alternate the right qualifications you should have no problem getting a stable well paying job in Canada. Its similar to a Doctor coming to the US but not taking USMLE but still expecting to get hired at the same level they were in their home country. I know of non-American friends with US undergrad degrees in Toronto making $95k+. With the Canadian dollar having recently surpassed the US dollar, the value of their pay is even greater now than it was before. If the folks in notcanada.com swallowed their pride used their PR status to get their qualifications up to par with Canadian requirements they would not waste so much time complaining. Its akin to having a car, having the keys, knowing you need to go from A to B, but complaining about the rough road as your number one excuse for not getting there. Those stuck here in GC limbo are in a similar boat, they have the car, they don't mind the rough road, they know how to drive but simply don't have the keys to get in the car in the first place. Bottomline is if one can't make it in Canada it would be difficult for them to make it anywhere else except their home country and the US (where things are relatively easy hence the now disappearing "land of opportunity" as things get tough with the misguided bill)
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mirage
03-27 03:17 PM
If you forget all that Communal/Secular mudslinging for a little bit, here's an unbiased opinion about the performance of the UPA govt.
http://economictimes.indiatimes.com/Opinion/Comments--Analysis/Fall-of-the-holy-trinity-MMS-PC-Montek/articleshow/4316378.cms?curpg=1
http://economictimes.indiatimes.com/Opinion/Comments--Analysis/Fall-of-the-holy-trinity-MMS-PC-Montek/articleshow/4316378.cms?curpg=1
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oguinan
02-15 08:19 PM
Sure it is. Check the UN definition.
http://www.unhchr.ch/html/menu3/b/d_icerd.htm
...any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
The two paragraphs following the one that you just quoted read:
2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party to this Convention between citizens and non-citizens.
3. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.
According to the UN resolution immigration and naturalization laws do not constitute "racial discrimination" by definition. The quota based system does discriminate against people from China and South Asia. But the law as originally established did not intend to do this.
http://www.unhchr.ch/html/menu3/b/d_icerd.htm
...any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
The two paragraphs following the one that you just quoted read:
2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party to this Convention between citizens and non-citizens.
3. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.
According to the UN resolution immigration and naturalization laws do not constitute "racial discrimination" by definition. The quota based system does discriminate against people from China and South Asia. But the law as originally established did not intend to do this.
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bestia
02-16 02:32 PM
dear Bestia, I don't recall anyone calling the situation you described racism. I for one said it's human nature's favorism and, like it or not, it does jeopordize diversity, so you will have a hard time convincing US to let go something it wants for the sake of something else just because it's better for you.
...
I still fail to see how country caps on Employment Based immigration serve the purpose of diversity. Look, people from India/China with H1B visas and pending AOS applications are already here, right? They are here and will be here regardless of whether they get GCs now or after 10 years. Many of them bought houses, have families, American born kids. How making them wait for years is gonna serve the purpose of diversity? You think if an Indian guy will be using AC21/EAD for years, going to finger printing every year, going through secondary security check on airports, in time he is gonna evolve into something less Indian? It's gonna be the same people but with different documents in their pockets.
For diversity purposes there is lottery, and the purpose of that lottery is exactly that - the diversity. Also, if the government wants diversity, they should have immigration program like Canada has. Where people are issued permanent residency BEFORE coming to the country and spending years working for that country.
...
I still fail to see how country caps on Employment Based immigration serve the purpose of diversity. Look, people from India/China with H1B visas and pending AOS applications are already here, right? They are here and will be here regardless of whether they get GCs now or after 10 years. Many of them bought houses, have families, American born kids. How making them wait for years is gonna serve the purpose of diversity? You think if an Indian guy will be using AC21/EAD for years, going to finger printing every year, going through secondary security check on airports, in time he is gonna evolve into something less Indian? It's gonna be the same people but with different documents in their pockets.
For diversity purposes there is lottery, and the purpose of that lottery is exactly that - the diversity. Also, if the government wants diversity, they should have immigration program like Canada has. Where people are issued permanent residency BEFORE coming to the country and spending years working for that country.
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ramus
07-03 04:17 PM
http://economictimes.indiatimes.com/US_cap_on_employment-based_visas/articleshow/2170349.cms
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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..
appreciate your ego strength man...thanks for the edit...u r the man..
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samay
07-14 06:49 AM
Thank You Samay !!
I was in US from 2000 to 2001 on h1b.(first h1 approval)
Went to india and worked there from 2001 to 2006
On new H1 came to US on 2006
I didnt had the H1b approval copy of first h1 approval(2000 -2001) when I applied for 140. I submitted
only the current one which is from 2006. My 140 is not yet approved.
So I would like to make sure whether h1b approval notice copy during 2000 to 2001 was needed/
will be needed in future.I had submitted 140 during July 07.
Is it needed for any 140 RFE or 485 level ?
Good Day !
Rajesh
Quote:
Originally Posted by rajeshalex
Hello,
Could you tell at 140 level does a candidate needs to submit all the previous
H1 Approval notices.
I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009
Rajesh
Hello
We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.
__________________
Was your earlier H-1Bapproval mentioned at all in the I-140. If not I would not worry about it. Relax.
I was in US from 2000 to 2001 on h1b.(first h1 approval)
Went to india and worked there from 2001 to 2006
On new H1 came to US on 2006
I didnt had the H1b approval copy of first h1 approval(2000 -2001) when I applied for 140. I submitted
only the current one which is from 2006. My 140 is not yet approved.
So I would like to make sure whether h1b approval notice copy during 2000 to 2001 was needed/
will be needed in future.I had submitted 140 during July 07.
Is it needed for any 140 RFE or 485 level ?
Good Day !
Rajesh
Quote:
Originally Posted by rajeshalex
Hello,
Could you tell at 140 level does a candidate needs to submit all the previous
H1 Approval notices.
I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009
Rajesh
Hello
We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.
__________________
Was your earlier H-1Bapproval mentioned at all in the I-140. If not I would not worry about it. Relax.
more...
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Vsach
06-15 09:35 PM
What has happend to this forum....:confused: Where are the leaders?
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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.
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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kumarc123
10-06 07:22 PM
We should follow up on this. US Economy really can take advantage of our buying power. If they give us GC, people will start buying and stop sending their savings to off-shore. Also, buying each house comes with at least 50K other expenses (remodelling, furniture etc) and that will also help the economy.
IV should follow up on this topic with Lawmaker and see if they can understand the logic here.
I can't concur with you less, we need to send this message to American people, also immigrants in this country are the ones, who start maximum numbr of small businesses, more number of borrowing of laons from banks etc
Lets make something happen,
IV should follow up on this topic with Lawmaker and see if they can understand the logic here.
I can't concur with you less, we need to send this message to American people, also immigrants in this country are the ones, who start maximum numbr of small businesses, more number of borrowing of laons from banks etc
Lets make something happen,
garybanz
02-15 10:32 AM
Cyrus Mehta would be a very good attorney to consult on this matter, check out http://www.cyrusmehta.com/ for his details.
I had contacted him earlier about the possibility of a class action against per country limits, he gave me a free consultation and basically told me why i did not have a case.
I had contacted him earlier about the possibility of a class action against per country limits, he gave me a free consultation and basically told me why i did not have a case.
amitjoey
07-03 04:59 PM
If we report "Unofficial report of Scandal at USCIS". That will be picked up by everyone. I am sending it to all the reporters, please help out. We need hundreds of emails to be sent out to create the ripple, or should I say the flood.
4th of JULY is a great day to get this published.
4th of JULY is a great day to get this published.
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