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  • nixstor
    12-13 04:34 PM
    gmatch,

    speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.

    just my 2 cents.

    Do you accept one if you were given one right now? If yes, why would you accept it? If not, why wouldn't you accept it? I wouldnt have posed this Q but by looking at what you said, it appears that you support labor substitution as long as both the employer and employee can hush up the money involved and leave no proof.

    On the flip side, there are so many people who wouldnt take a substituted labor. Please do not generalize.





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  • lfadgyas
    04-16 04:42 PM
    :cool: Yeah, wait till the next one.





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  • goel_ar
    12-20 01:21 PM
    NY never picks up call (passport, pio & receptions) or replies to mail.
    Wait times in person are horrible - 5-6 hours. only 1 person to serve all the people for passports, pio /oci cards etc.
    Their turnaround time is pretty good.

    I prefer to deal with via postal even though it is walkable distance from my work.





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  • inskrish
    01-15 11:44 PM
    Hi,

    Sent letters to WH and IV. Besides, I printed 100 copies of the original template and kept them in an Indian grocery store, with the permission from the store owner, although it took a long time to explain our situation to the owner of the shop.

    Regards,
    IK



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  • chanduv23
    03-11 05:25 PM
    You're right, the point I was making is the real intention of these Senators...When you want to scr.ew somebody you ask questions that are hard and mostly unanswerable....Take this example, Look at the requirement that Hyderabad Consulate has put up for H1B Visa Stamping, it sounds like they are saying don't you dare!!!

    Such an escalated tone has been established due to various reasons, based on the fact that there is documented evidence of some abuse. It is not to scare every h1b visa holder.

    See - people are writing so many posts their their friend is having trouble in h1b , friends friend is having trouble in POE etc... but none of them are original posts. Just look around yourself and your friends - check to see if anyone really got screwed (genuine folks) - there may be some people who got additional grilling and that's it.

    People are still traveling everyday and getting stamping and no issues at POE.

    Like I said earlier "unless you set the ass on fire those who abuse will not straighten themselves" - greed overtakes any good forward thought.

    Senators are not your own country senators and we cannot influence their thoughts or feel bad about what they think about h1b visa. All we do is make a case for ourselves that we are genuine and really interested in following the system.

    AFAIK every h1b and GC case has been dealt with on a case to case basis and people who have really followed rules did not have much issues - we continue to follow the system because we believe in it.





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  • qvadis
    12-29 12:14 AM
    Being on the other side (EB3-ROW) I read the law a bit differently ;-)

    In short:

    - INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
    - INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
    - INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
    - INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.

    INA 202 (a) (5)
    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.


    I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.

    INA 203 (b) (3) (EB3)
    [...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]


    The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.

    So, the allottment should work as follows:

    Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.




    Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]

    INA 202 (a) (3)

    Therefore, the 7% country cap had always been �soft� till year 2000.

    (*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)



    I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�

    Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:

    [I]INA 202 (e)
    If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
    (1)
    the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);



    After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.


    I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.



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  • smaram1
    08-17 10:35 PM
    Can you please tell me what should we write for this question?

    12. Description of your case problem: Describe the case problem you are experiencing with USCIS. Attach additional pages if needed.

    I am eligible for adjudication but for whatever reasons, my case is being overlooked.

    Do i need to add that my name check is pending and based on 180 day rule, it should have been approved?





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  • wellwishergc
    04-10 09:02 PM
    I agree with bharnik..

    Perhaps, we are looking at things through the same perspective that everybody is looking at. Remember that the senators and congressmen include clauses what are provided by people like us or by businesses; for instance - the wording of the amendment that Senator Borwnback brought about, should have been a combination of materials from IV and other sources. I am sure that very few congressmen/leaders know what I-485 process or EAD actually means. People like us who are affected by the GC process have these form numbers and the corresponding processes on the top of our head. I suspect this is the case with the senators/congressmen or their staff, since 'legal immigration' is just 1 topic out of the numerous topics that they have to deal with.

    So, I re-iterate that we need to work on things simultaneously. If one group is working through the congress, another group should target the agencies such as DOL, Service Centers.

    I think, it is much easier for DOL or Service centers to bring about a 'memorandum' within the legal boundaries of the existing law; to best put it, to change the interpretations.

    It is the same with the current bill under debate. It will take years before each and every aspect of the bill, once passed, is intrepreted and implemented. In the meanwhile some may get lucky by a certain interpretation, some may not. - until the final interpretation is confirmed.

    IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.

    Bee:

    Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.

    Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.

    I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.



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  • Sheila Danzig
    12-12 08:03 AM
    Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals (for only a few cases) showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. However the strong evidence points to the equivalency being a BA.

    Easygoer,

    From your reply, I get that you got your EB2 approved by equating CA to Masters degree. Can you let me know whether your bachelors degree was 3 years or 4 years?

    Also, could you let me know which month and year your appeal got cleared?

    Thanks a lot for your help.





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  • Libra
    01-22 09:24 AM
    bump, on long weekend how many of you sent letters?



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  • gianik
    05-26 11:35 AM
    Thanks for greaat posts, everyone. Just to follow up with Jaime's point it is tru that we are not all from India or Aisia in general. I guess I should have mentioned that. I am from a northern place - from Russia. Actually I was born and raised in one of the southern former Soviet republics, which had relatively warmer climate. But I lived for over 5 years in Russia before coming here. I just mention that, because I read it the cold Canadian weather seems to be the number one downside. It is not such a big deal to me or my wife, because it was as cold or perhaps even colder back home.

    Just as Jaime I am not here just for ecenomic reasons. I wuld be better off (financially) back home. I guess we are in search of better life (qualitatively), and that is why I am wondering about Canada.
    And perhaps due to somewhat European backgraund I seem to have nostalgia for European flare sometimes; hence the questions about Montreal (which I presume is a bit more European that TO).
    I guess I would like to put a streignt question to those who lived in or familiar with Canada.
    - I am from a Northen Country (even leave in Northeast here in US).
    - I worked full time for 5 years in US (plus a year of internship)
    - My field is Not IT though, it is in business (data analysis, finance, supply chains, etc)
    - My in English is quite good (for and immigrant especially)
    - I have some basic knowledge of French and willing to learn more
    - I have a Masters degree (few actually) from US universities
    - As I mentioned I have a family including kids.

    My question is - what do you think my chances are in Canada in general, and in Montreal specifically?

    I would appreciate any response. Thank you very much!





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  • chanduv23
    07-10 09:31 AM
    The idea is - use this guy and expose media that gives false news or that supresses real issues and force those types of media to bring our issue to limelight.

    I have heard all media saying "We are immigrant nation", "we need skilled immigrants", "'We are not racist", etc.. then again the same media says "Immigrants are overstaying visas", "There is quota, we cannot do anything", same media has supressed microsoft's news about the Canada development center just because it involved immigration.

    I am of a strong opinion that media is controlled by politicians, the reporters who said they will cover the flower campaign - chances are that their bosses may ask them not to or give them another assignment ???



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  • abhijitp
    07-06 02:18 PM
    We need someone to youtube this and help with the media campaign!
    And then we can try to make it one of the most watched videos-- provided of course that the coverage shows legal immigrants in good light.





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  • rssb
    01-25 10:52 AM
    Also shops/ people who have purchased substitute labor during the July 2007 window and faked lot of other things and are enjoying Ead's now.

    When hundreds of genuine people stuck in EB3 from 2002, 2003 are unable to port or start new applications waiting forever. People with Substitute labor are able to show 3-4 years experience since 2007 and are porting leaving genuine EB2 and EB3 applicants behind.



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  • gc_aspirant_prasad
    07-06 02:16 PM
    Thanks.. WIll def watch...
    Thanks IV & thanks Dr. read about his story yesterday -- hope something good comes out.





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  • Gravitation
    07-06 03:33 PM
    The thread is just fine. Hopefully, it'll attract a few more contributors to the flower campaign. We need a few more for the magic three digits!



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  • tammman
    08-25 02:17 AM
    I just received my e-filed EAD, NSC
    I didnt see any soft LUDs on my profile.
    Received my Card on aug23rd for 2 yrs.
    E-Filed: July 19, 2008





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  • Daisy
    12-20 11:00 AM
    This awesome ! Freedom finally !!! Thanks 'the' for posting this...you made my day !!





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  • abhidos37
    08-22 05:41 PM
    Mine is EB3 from India. I still hope the next years numbers could be coming out on Oct.





    krishnam70
    07-08 01:12 PM
    ANALYSE YOUR ANSWER YOU MAKE MY POINTS VERY VALID

    NO SELF RESPECT
    WHITE KISS ARCE ...
    SUBMISSIVE U NEED A WHITE MASTER ...

    AND TO ACHIEVE YOUR GOALS YOU RESOLRT TO THE MAN WITH THE DHOTI ...GANDHIGIRI...

    GRAVITATION DID ANYONE EVER TELL YOU THAT YOU ARE AN IDIOT

    Thats one hell of an accusation 'hopeful'.

    If you believe in what you said then you would not be in this forum. Why are you in this country?

    1. If you said you came here for your Master's and then found and job and applied for GC and been stuck there and now realized that this process stinks and decided to go back its fine by me, then you have no place here.

    2. If you said you came here after your education on work visa and then applied for GC and stuck here and now realized that this process stinks and decided to go back its fine by me, then you have no place here

    3. If you feel superior to all the folks who are in this forum then you have no place here.

    4. If you think working for some company as a FT employee makes you qualified,oh btw i dont care if its a Fortune 10 company, been there done that, then you have no reason to be here. After all you think you are priveleged and superior to other folks in here.

    5. Whats this superiority of being a FT employee over Contractor? I have been in this country now for over 10 yrs and worked as FT employee and Contractor. I dont see anything special in being a FT employee over a contractor. Just because you became a FT employee does not mean the company thinks you are the most perfect person to be their employee, it means you fit in their budget and they want to milk you services, so you become a 'one client wonder'. Contractor on the other hand gets paid more, gets to work on different projects . There is some uncertaininty due to job changes etc but if we are tracking it right its works well, in my last 4 yrs of contracting never been out of job.

    6. What I have seen by the way you bash others in this thread shows that you somehow think you are superior to others(which is okay if you keep it to yourself). Pardon me for saying this, you are stepping over the line. Few days ago there was a thread where one guy got banned due to some stupid comments like you about fake degrees, fake resumes and that he was somehow more deserving of the GC than the others.

    when you are in a public forum conduct yourself with dignity and try to help others and get help and not try to push your convoluted ideas and come across as a jerk. Staying in this country means many things to different people and does not constitute to not loving our home countries in anyway

    I am sorry I must say its you who has to think before you open your trap dude..





    naushit
    12-12 04:23 PM
    I think that the DOS (Dept of State) releases VISA Numbers on a quarterly basis. If that is the case, there should be movement in EB2 India in Jan 2007.

    The other possibility always exists that the numbers were released for this quarter but the demand was SO HIGH that the net date did not move at all.

    possible?? maybe!!


    My understanding is (50% confidence level) , Number for next quarter ( JAN-FEB-MARCH) are already released, and accounted in this Bulletin. My logic is Oct-Nov-Dec was the 1st quarter, and thats why there was change in Oct Bulletin, If this is true...then we should not expect any change in FEB and March bulletin.

    I hope I am wrong. please confirm!



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