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  • unitednations
    02-20 12:59 AM
    How much investment is required to do this using the L1-A? This appears to be a better option than the EB-5 where money is tied up for years.

    You have to work for the company outside USA for one year. therefore, you gotta be out for one year.

    I am not advocating this but if a person were to go back home and wanted to come back later then al they need to do is start a business (could be consulting). After it has been running for a year then come to USA on L-1A to open up a sales/operational office and then open up your consulting company and start hiring/placing people.

    Note: You need to ensure that the company is real back home to get through consular process.

    I am actually very surprised at people. I would have thought that now people have come to realize that this could take a long time that people would dig in and start lobbying harder; strategizing, etc., instead, I am seeing more postings of people going back home; canada, australia, england, etc.

    I will give you my story. I came here in 1993 and stayed until 1996. Didn't really think about staying here permanently. In 1996 my colleague who was from Bahamas on H-1 got me on a conference call with company attornies about doing greencard. We asked her of the process and she told that the rules were you had to work with the company for 18 months; the process could take 3 to 4 years and then you had to stay for 3 years after the greencard got approved. We both just looked at each other and thought there was no way we would do it. He went back to Bahamas and I went back to Canada thinking i wasn't going to come back and why wait anyways.

    Three years later I decided I missed USA (note: Canada isn't much different but I still missed the "system" and the rush of working in the big economy with the biggest companies. I came back and stuck in greencard process now for many years.

    My conclusion is that I made a mistake of going back and should have stayed the first time around. Something for everyoen to consider going back to other countries or back home.





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  • unseenguy
    08-18 06:00 PM
    I do not know why this issue is more important for people to discuss. Just because Mr Khan is asked to be a common man? He is not a world famous actor. He is a famous actor to a very very small minority Indian Community in USA. Why should USA give VIP treatment to any star actor from any country of the world? If he was an official ambassador/senior diplomat/Minister, it us understandable. He is simply coming to USA to make money. He will still come again to USA to make money even if he is strip searched again and questioned for more than 66 minutes. Indian government seems to have crossed the line by complaining. This VIP culture that is so prevalent in India needs to change.
    If Indian government really wants to complain, why are they not complaining against the long wait periods for H1B stamping in India. Ordinary Indian citizens going to India for stamping sometimes have to wait several months in the name of security checks. This takes a toll on their life and job in USA. There are several other issues Indian Citizens face in USA. If Indian government has chosen to interfere with the internal matter (in this case national security) of USA, why is it keeping quiet on other matter of importance to its citizens? Indian government needs to stick to its policies and not bend its rules for VIPs.

    As someone said, if his intention was to publicize his new movie and make more money from his share of profit, he may have succeeded.

    I agree with some points here and I dont with others:

    First of all, whether a person was traveling in official capacity or not was he profiled? Because of his name , skin or status? Whatever it is.

    Second, if we give same treatment to brad pitt or tom cruise, would it be acceptable to americans and you too. Would it be a process or would you then dismiss it as nonsense and inefficiency of Indian admin? How you see things in perspective is also important.

    Thirdly, Shahrukh, though not an official and is here making money, is a high profile person. His case and this incident , embodies the unreasonable and insensitive treatment many many commoners get by hands of inefficient US administration.

    You pointed out right, hundreds and thousands are facing security delays, stamping issues, issues at POE etc. Thats what this incident highlights.

    If a high profile person from India, Shahrukh, faces so many problems, then people can imagine the troubles of the commoners.

    I would see this as a "representative" case for many Indians and highlighting it would give some negative publicity to CBP and restore some "common sense" in general.





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  • jonty_11
    10-04 10:54 AM
    I have Applied for Canadian PR, got a receipt # back. I want to add my wife now. However, she has a shoplifting incident back in 2001 in Singapore. I know we have to provide Police Cert for Singapore nowadays.

    Reading on cic.ga website, they do pardon such offenses in 5 - 10 years depending on seriosness of the offense. ANyone has concrete infomration on this? Would really help is adding my wife on to my appliaction the correct way.





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  • chanduv23
    07-04 08:36 AM
    Macaca, pappu and gang - can we compile a funny animation cartoon with a message in flash and upload it on youtube?

    I have flash on my laptop, if someone can give me the material, I can compile a slideshow ???? Any thoughts??



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  • samay
    07-22 11:41 AM
    Hi Forum,

    I have come to USA last year and was getting paid consistently till May31. Now, on July 2nd new employer (not a desi, but a big company) applied for transfer on premium processing. I'm continuing with my old employer, and they are marketing me, and have all such emails. Just wanted to know whether the paystub will be an issue for transfer? And how soon can I join them, and what is the risk if I join them now, before I wait for response from INS?

    Any response in this regard will be highly appreciated.

    Normally the last two pay stubs are required and it become an issue and you may get a RFE.





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  • nrk
    09-17 01:10 PM
    Hi VDLRAO,

    Couple of months back you were very optimistic about EB2 I will be current soon, what were the things influencing your thoughts.

    Do you think EB2 I, will not be crossing 2005 by September 2010 ?

    When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.



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  • panini
    05-11 04:11 PM
    This is totally correct!!!

    Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D

    War is in the northern and eastern provinces. Sinhala and Muslims were driven out of this area by the LTTE. Tamils live all over the country. Tamils lead regular life in other areas of the country that's not succumbed to the war, this includes the capital, colombo. They conduct business, attend universities/schools, they lead a regular life just like any other sinhala or muslims. Tamils lead prosperous lives in other parts than the north and east. The reason they can't live in the north or east is due to their own LTTE, the group that was supposed to liberate tamils.

    If there's ethnic cleansing or genocide against tamils, Sinhala and muslim people should be killing tamils all over the country. This is not case in Sri Lanka. I have tamil friends and classmates, we went to school together. How come there are tamil ministers in the parliament. Parliment members Lakshman Kadirgamar and Jeyaraj Fernandopulle both tamils and were killed by the LTTE not the gov. How can this be ethnic cleansing?





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  • Macaca
    07-04 11:04 AM
    Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!

    Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)

    Also, which parts are lost if we have to re-apply!



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  • lazycis
    02-14 12:58 PM
    Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
    http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843

    "Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."

    "Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
    It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
    Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "

    "IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"





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  • mundada
    06-12 05:11 PM
    I hear you buddy but that is what America is and that is what makes America so great. The constant flow of immigrants will always require you to keep upgrading your skills and hence your salary.

    The moment you were forced to enroll in MBA in an effort to upgrade your skills and increase your salary means American model and (comparative advantage) economics are working.

    The same thing happened in agriculture, then manufacturing, and now IT and other industries. It is inevitable!

    By the way, it is not dumping. Here is the real definition of dumping, "the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production".
    http://en.wikipedia.org/wiki/Dumping_(pricing_policy)

    For your information, I was, am and will most likely continue to be affected by the outsourcing/offshoring/onshoring/immigration/etc.



    I am simply stumped at the level of comprehension of the folks right here. Let me summarize my views as points and hopefully I will get through to you guys

    1. My mention of BITS was not to prove that I was the best and the brightest. It was to prove that my education was NOT subsidized by the govt of India directly or indirectly. Remember passing out of any university doesnt confer the title of the best and the brightest. Unseenguy - If you have kicked the ass of IITians, bitsians etc then consider yourselves genuine. Why this unnecessary trip down "Not confident about myself lane" ?

    2. My mention of MSFT was again not to prove that I am part of the best and rightest. It was to prove that I came here not with the value proposition of low costs but with the value proposition of hardwork and some talent. I did not compromise on my pay or did replace any native employee. Oh BTW I left MSFT in 2000

    3. My mention of the 3 layoffs and my journey was to inform you guys that whatever is happening now is similar to whatever happened in 2001. I wanted to calm down the nerves of the genuine people. Without reading and comprehending the posts, I get responses like that I was an illegal. Remember I was taken back in for 2 days, 485/AP/EAD applied and my jobless days were with my EAD in hand.

    4. One of the reasons, I am against outsourcing companies is that they dump low wage workers. If you guys are aware, every country, including India and US, has anti dumping laws to protect local industries. I am not against offshoring or outsourcing but I am against dumping. Some posters have questioned how I would be affected by all this if I were the among the best and the brightest ? Valid question to a good extent. If you realize that as you age your speed and dexterity at which one adopts newer skills start waning. How long do you think that upgrading skills in a single industry would be possible when you are going to be constantly competing with walmart style options ?

    For now I have chosen to enroll myself in an MBA program and I am hoping that my skills wouldn't be diluted. Think about going to school at age 35 with the responsibility of family and kid. This is my last ditch effort in upgrading my skills because it involves a substantial ownpayment. I am not sure about you guys but a 100K investment for school now is huge for me. The big question is, I am able to pull up my last bit of energy to upgrade now but will it be possible 5 years now if these outsourcing companies starting dumping low cost MBAs ? This is what I meant by my quality of life being impacted. If you guys think that you wouldnt go through the same scenario, then you need some serious retrospection.

    One last thing I would like to point out the inherent contradiction that the current prospective immigrants are facing today. GC is a process that is there to fill in the lack of skills in the US. However with unemployment running close to 10%, the question arises as to whether to train local populace for these skills. There are just 2 exits out of this contradiction

    1. Bring in low cost labor to fulfill this shortage and avoid local training costs
    2. Expand on a new idea. Green seems to be the buzzword today.

    In my opinion, option 1 is lose lose situation for all including the actual foreign employee who provides the services at a low cost. It is the outsourcing company for sure and probably the hiring company that may benefit. The society as a whole loses. Option 2 is an organic option but is laen with the dangers of delays in take off and boom and bust cycles. This is exactly the reason why I suggested that we cut these outsourcing cs from dumping bodies here. I hope I have clarified my opinions lucidly and hopefully look forward to a mature discussion as opposed to name calling, affronts etc.



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  • sarath99
    10-20 01:00 PM
    Hi,

    My sister is a citizen and she applied GC for my parents who are in India.She applied for I-130 in April and it was approved in 2 months.She now has to fill the form I-864 and is in the process of doing so.Meanwhile my parents would like to visit USA.They'll be coming in December and be staying for 6 mos.They have a 10 yr visa and visited us back in 2004.
    My question is it ok for them to visit USA?I read that they might be denied entry becasue of their approved I-130.We do not want to apply AOS here and they will return in June 09.

    Thanks for any advice.





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  • valuablehurdle
    08-18 12:03 AM
    I would rather discuss about Dr Koelhe than SRK:

    Extraordinary Indians: The doctor who charges only Rs 2: Rediff.com news (http://news.rediff.com/slide-show/2009/aug/17/slide-show-1-extraordinary-indians-ravindra-koelhe.htm)

    Let us close this unnecessary thread....



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  • NNReddy
    04-03 01:12 AM
    1. Mayawati.
    2. Sharad Pawar.
    3. ManMohan Singh.

    one of these for sure





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  • ksrk
    09-15 02:47 AM
    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.

    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
    PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
    1100 LCA => 3850 GC

    Total pending I-485 in 2005 (EB2 India) ~ 8000

    This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.

    ...a question, though, about how the spillover is assigned back to over-subscribed countries (India and China) - does that happen in the fourth quarter of the fiscal year (lately in the last month or two) or does it happen each quarter? Looks like your analysis assumes it happens each quarter...



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  • unseenguy
    08-16 02:31 PM
    Does our people have the balls to do that?

    Thats the problem, our people dont have balls.





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  • Jerrome
    05-11 05:35 PM
    Hmmm... Not sure what you mean about my opinion and mindset. I was only responding to your "accusation" of SL government destroying "competitiveness" by providing some facts openly known to almost all Sri Lankans but not in the outside world. Those facts also give you an insight in to the root cause of the problem. You are free to form any opinions about me. Just remember that there are two sides to each story. Look at both sides before you make a judgement.

    As for your wish wanting to see Sinhalese and Tamils living as equals in a peaceful sri lanka, we all share that sentiment with you and Thank you for that. Hopefully that day is not too far.

    Panini, Since i know the history better i was making those comments, My opinions are not based on the articles or something which i read recently.

    Do you dispute this link, do you think even this is Pro LTTE.

    http://en.wikipedia.org/wiki/Origins_of_the_Sri_Lankan_civil_war

    Tell me is any of this root causes identified in this wikipedia entry is going to be GONE after this war against Terror. I don't think SO.

    Now tell me how the problem will be solved if these root causes are not resolved.



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  • GreenCardLegion
    08-16 03:47 AM
    I am a patriotic Indian. Why the hell cant this Khan guy go through the same ordeal as an ordinary Indian or any other passenger. Why all the fuss? Is he god??? Hell NO...I would just tell him to shut up and carry on with life. He is an idiot and just doing this for more publicity. How many Indian muslims go through this shit everyday? Why cant he tolerate this 2 hr ordeal like an ordinary Indian muslim or for that matter hindu? Racial profiling is for everyone who is colored and non-US citizen. He is not a good guy as he cant even take a 2 hr ordeal as an ordinary citizen because he thinks he is GOD...when in fact he is as ordinary as anybody. Just because he has money, name and fame should be become god? no way. I dont mind if the Indian airport security frisked Tom Cruise or any other actor. Who cares!! Its our countrys security, but you know what India wont do that as all the airport officials incl. security are so corrupt and also if they see white skin they will just allow them freely thinking they are god!! thats our stupidity not the americans???

    I am glad this happened to the so called "King Khan" as he is king only in his mind. Not for me because for me he is a talented actor other than that he is not GOD but just a mere human being..





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  • apb
    12-14 02:13 PM
    OK, let's assume the SC invalidates country-based quotas. All EB-based immigration has to stop at that point until new law is written and passed......

    Isn't this we want. New Law. I am pretty sure when new law is being written and debated and passed, we could lobby for the changes we want. I believe, the EB process will not stop during this process because the govt machinery cannot say let the new law comes into force and then we process. They have to process the GC as per the existing law.
    First we go the judiciary route. If we win that would be awesome. If we loose that will give us more visibility. More visibility could attract more sympathetic support than what we have right now. Also there will be clear distinction in senators mind between Illegal and Legal immigration. The hearings will expose the lies behind Lou D talk shows.
    I believe that this process will act as a catalyst, to the entire process. We are already facing retrogression. Maybe another couple of years of extra wait would be worthwhile if this can bring in the reforms.:)





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  • z029556
    08-14 02:26 PM
    Hello Sir/Madam,

    Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.

    Regards
    Vijay

    p.s I have already responded to the RFE with 2 color photos.





    boreal
    05-29 01:42 PM
    Ok, the guy that sets the dates says that he sees no possibility of dates moving forward for EB India and ppl are still thinking there is hope? I am an optimist and try to see the brighter side - and that side here is that we know there is no hope for those past 2005 in the next two years. That to me is sufficient to make decisions and move on. Be it changing to a different job or going back to the home country - most probably the former for me.





    arunmohan
    10-09 04:07 PM
    Group:

    Please send this letter, It is just 5 minutes job. We should add US Secretary of the Treasury, Mr Henry Paulson.

    I think we should send a hard copy too, If you send a hard copy of the letter, you receive the response for sure.

    They should give us a condtional GC that if you buy a house in a year then your conditional GC would be a permanent otherwise it will be rejected after one year.



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  • sai
    02-06 12:46 PM
    I dont think there will be a change to already in pipeline cases. Lets wait and see .:)





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  • snathan
    08-16 11:28 AM
    I never worship any actor. But now I dont even have any respect for this stupid SRK. If he doesnt like to step on american soil again, I am very glad. This moron thinks american economy will plunge into recession again if he is not coming to america. Atleast salman kahn makes some sensible comment.





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  • 485Mbe4001
    06-11 07:09 PM
    "Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. "

    i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..

    I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.





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  • mps
    08-18 06:46 PM
    he should be thankful to Indian Embassy... just imagine what would have happened to him if he was from a country west of India :-)



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  • oguinan
    02-15 09:14 PM
    Nope. Article 1 Paragraph 3 just states that the convention does not apply in those cases. The definition of racial discrimination stands. You should read through the US response to the last review under the CERD (in 2003) and check the responses on immigration policy.

    Do you have a specific link? There are a number of immigration related documents in the 2003 session, mostly related to the southern border.

    I'm not a lawyer - but I do know that the spirit Article 1 Paragraph 2 of the document says that immigration and naturalization laws are somehow "not the same" as other laws when testing for racial discrimination. The spirit of the document is clear - otherwise why provide the second paragraph at all? I think that the case of Bhagat Singh Thind which I cited earlier clearly did show racial discrimination by any reasonable test.

    I noticed that you changed my quoted text in the previous post. I'm not sure how that fits in with the traditions and practice of the forums here - but I'd appreciate you mentioning it in the text of your post.





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  • _TrueFacts
    09-03 08:21 PM
    Comparing Ted Kennedy and YSR..not a sane mind would do.

    Amassing money in the name of fictitious projects is dynamic?
    Relentless swindling of money by the parties, leaders, ministers and bureaucrats is dynamic?
    Mobilizing and supplying huge money to prove your royalty to party in Delhi is dynamism?

    If that is the case then Manmohan Singh, Abdul Kalam what are they…they had every chance and more why don’t we speak about them the same way. Show me one personal allegation on Manmohan or Abdul Kalam.

    Yes, it is dynamism to stay in power and to mint money and for people like you…not for administration.

    Any one speaking against, has to deal with personal abuse, that’s even with opposition MLA’s. What happened to democracy?

    Since 60 years Congress has ruined India and people like Sonia and YSR are few examples of corrupt politics and YSR is openly involved. YSR is no different to a dictator.

    Corruption rampant in AP under YSR's regime (http://www.merinews.com/catFull.jsp?articleID=145882)
    Mutiny.in � YSR’s new low (http://mutiny.in/2007/07/23/a-new-low-from-the-andhra-cm/)
    The Hindu : Andhra Pradesh News : YSR a champion of corruption: Chiru (http://www.thehindu.com/2009/01/23/stories/2009012360510800.htm)
    YSR the most corrupt politician - Telugu Movies - Zimbio (http://www.zimbio.com/TELUGU+MOVIES/articles/14097/YSR+most+corrupt+politician)
    Naidu to approach Centre on YSR’s ‘Satyam route of corruption’ (http://www.indianexpress.com/news/naidu-to-approach-centre-on-ysrs-satyam-ro/425227/)

    One can write a book on YSR’s corruption. AP has become worse than Bihar.



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  • GCwaitforever
    02-14 01:13 PM
    "Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "

    Encouraging precedent for the law suit. Excellent.





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  • snathan
    01-21 06:27 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....!!

    Everyone knows what the impact would be...no one coming up with the solutions or ready to fight.



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  • kondur_007
    07-26 06:04 PM
    I dont think the situation is that bleak. What would happen when EB3 ROW is unable to use up all the spillovers from EB2? The excess would go to EB3 I, right?


    This is exactly the point which is not clear and therefore, asking for verticle spillover may not benefit EB3 I.

    What you are asking for is "verticle spill" till it comes to EB3 ROW and then spill it "horizontally" to EB3 I, then only EB3 I would benefit. (although USCIS did this in the past, there is no logic that can explain it)

    If they re-interprete the spill and make it verticle, it will go EB2 ROW -> EB 3 ROW -> EB2 I -> EB3 I (pure verticle spill) ; In this case, EB3 I gets nothing but EB2 I looses with some benefit to EB3 ROW. And remember, verticle spill from ROW will need to go equally to India and China...

    At the end of the day, if you look at the big picture, I think horizontal or verticle spills are not likely to make any difference to the backlog of EB3 I. What we need is more visa number. Mechanism (recapture, STEM exemption etc) does not matter. Also we neet to unite and work on getting our agenda in the CIR that is likely to be awakened once elections are over.





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  • unseenguy
    08-16 05:51 PM
    SK2006 and snathan:

    I do not agree.

    First, there is no "profiling" in India. Everyone gets frisked and security at airports in India is top class. Problem with US is "only select" people get frisked most often based on their skin color or names. This is a fact. I am a frequent flyer consultant , I have observed this many many times.

    Second, Indians are doing what they are supposed to do. first, they show respect to dignitaries by not frisking or not stripping robert gates, george clooney or bill clinton or any other dignitary from any other country. Americans are not doing what they are supposed to do.

    When geroge fernandes was stripped , he had a diplomatic passport. Everyone knows he was defence minister and there was a delegation with him. Secondly, abdul kalam was frisked, which I feel is also negligence of Indian authorities not to be assertive.

    So Indians are not doing their job by not being assertive and taking care of its own citizens. and not pressing for their own rights,

    I do not feel so bad about Shahrukh, although I think it is profiling, as I do for fernandez and kalam.

    This is nothing but profiling and some stupid hot headed mentality. Let there be frisking of americans and stripping of them at Indian airports. Will americans accept it? If not why should Indians not make noise about it?

    Rules are rules, provided they apply equally to americans and Indians. otherwise its profiling or discrimination.



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  • sanju
    12-17 09:39 AM
    Thanks for the update. No need to reveal any more details. At least I know the e-mails that I sent made their way to some one who matters.

    Thanks jungalee, for writing on this issue, that makes two of us. I think everything done by over 1000/2000 people together and every subject covered in letters from over 1000/2000 people makes it to the top. Most half educated (which is worst than illiterate) usually give priority to their petty differences and find reasons not to participate, which is why they remain "wise fools".

    It will definately help to draw attention to our issues if more people in the community will participate.




    .





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  • Legal
    07-26 10:31 AM
    According to my analysis based on recipted/pending I-485 they processed some 80-90K (estimated range) EB I-485 applications which 57/65% of 140k by April 2008.

    May month usage was very low, i feel June/July not to bump too much so another 20k cases. We should still have FB rollover from 07 (31K) + another 10k visa in the pool for Aug/Sept visa.


    It appears FB spillover is factored into EB quota in Sep bulletin every year.



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  • imm_pro
    09-23 11:10 AM
    i think this proposal is a very good way to grab some desperately needed attention for skilled immigrants....i will start customizing the letters now..





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  • tikka
    07-03 11:40 PM
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin - 229 DIGS

    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 40 DIGS

    http://digg.com/politics/USCIS_Visa_scandal - 31 DIGS



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  • lazycis
    02-13 12:26 PM
    The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.

    How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.

    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls





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  • FinalGC
    07-22 02:14 PM
    My experience with amway - Very close friend of mine joined amway once he came to US, and within a few weeks, tried it on me. And at the end, he branded me as closed minded person when I said no many times. Forgot the 4 year friendship and never called me for the past 7 years. Oh well, my wife keeps telling me, those who don't understand us cannot be good friends. And after seven years, I agree...

    Dude:

    I had a similar experience. One of my closest friends helped me come to US. We both were in school doing our MBA and there we both attended this new intriguing seminar to do business. Amazingly I stopped and he went on with it, unfortunately all I can say is I lost my good friend to Amway.

    He asked me why i was not interested, i said the complete motive of this business is to make money and nothing else, which I have a difficulty in doing. Yes, I want to work to make money and take joy in my work , but not just work for money....

    He became angry with me, after that and ever since never connected back. Recently he connected with me on Facebook, but that too looked like a cold contact......Yes it is true you loose friends through Amway.



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  • _TrueFacts
    09-03 11:53 PM
    With your utmost stupidity!!!!!

    Anyway thanks for the Humor from your stupidity...

    If you had a laugh on my post good for you. Should have given you some relief from YSR's death. I have been laughing, smiling and eating sweets since I knew the news.





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  • BharatPremi
    05-19 09:33 PM
    http://books.google.com/books?id=i4b6xmZI_XoC&dq=would+India+help+Sri+lanka+tamils&printsec=frontcover&source=in&hl=en&ei=plUTSsCPFoS08ASj_LCIBA&sa=X&oi=book_result&ct=result&resnum=13#PPA34,M1





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  • bskrishna
    07-23 11:46 AM
    I have seen nos upto 25k per month. So depends on how many resources are working on this as to the naturalization apps...





    LC2002
    03-19 09:23 PM
    If anyone who is stuck in with labor gets oppurtunity must use it. Even people who are jealous are given this oppurtunity will be first to run with that.

    Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.

    G





    at0474
    12-14 05:17 PM
    Are you saying that because someone like that does not qualify for EB1, all they are doing is not wishing to compete on merit? Are you saying a teacher is not deserving of a green card.

    --No. I did not say that.



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  • ssharma
    07-08 09:34 AM
    Is there certain minimum "safe" numbers of days one has to stay with the sponsoring company after getting the EB Green Card.
    In my case I have been working with my employer since Sept-2001 (almost 7 years). My GC labor was started in Dec 485 filed in May and GC approved June 24, 2008.

    I was in the middle of changing jobs using AC21 just before my GC got approved, hence this urgency. How soon can I join some my new job ?

    Thanks for your time.





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  • chintu25
    02-13 10:55 AM
    The issue is that people speak big here - but run away when asked to come forward. How do we trust 35K members who have tons of excuses for not doing anything for themsleves and blaming IV and questioning IVs credibility?

    Ok Chandu Lets not do anything then and just sit tight...... and hope for something to happen

    I respect your opinion but now think you r getting disappointed by people not responding to IV campaigns..

    One thing that is v clear from the Feb 4th memo about fingerprint/name check
    It happend because there was al awsuit filed. I urge the IV core to atleast explore this option with a good attorney again.


    One motto

    TRY AND TRY TILL YOU SUCCEED





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  • nandakumar
    05-11 07:39 PM
    I never said that I'm disloyal to India or anything derogatory about India.

    My statement "shame to hold Indian passport" is to express my resentment and to protest against the polices of the govt of India towards the Sri Lankan Tamil issue. I believe in freedom of expression and I have every right to protest what I deemed to be injustice.

    I saying it again, in this country even burning of the national flag is considered a form of protest.

    I'm expressing my feelings, if you or your so called "Tamil friends" are not matured enough to understand freedom expression and genuine protesting, I don't care and i don't owe any explanation to any one. Also I don't care what judgments other make about me.


    Dude

    you are such a contradicting personality. If I take the above oath, at least I will be loyal to the country of my citizenship. somebody washed your brain with too much of what it is not in reality. You have to put your country before your race, color, ethnicity and religion. That is what I learnt as definition for citizenship. I have very good tamil friends and even showed your statement. I am glad that they just hate your personality and you are an atypical Indian tamil.





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  • ghouse1742
    03-31 11:18 AM
    Then to whom would you support? Tell me one political party which is not involved in either mass riots or corruption or deceit or governance failures etc etc etc.

    Yes, people can say that Gujarat riots happened when Modi was at helm. But, don't you see why it happened. It was an aftermath of a train was burned and hundreds innocent lives had lost. I don't think any government would have controlled the anger after that incident. That was bound to happen.

    No one has to debate who were murdered so mercilessly in the train. These were innocent people. No one has to debate who were killed after that....2000 innocent people....your logic that innocent people should be murdered and raped and burnt when other innocent people are killed does not make sense. In the end "INNOCENTS" are the ones harmed. It is debatable whether the riots were stoppable or not, but atleast dont support the person, views or murder of 2000 children, women and men.



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  • blueyonder
    05-02 09:02 PM
    Dude Newtoearth,

    Who are you actually .... you are waging a battle here ... have you guys not waged enough battle in SL and on the internet. Stop it pls .....

    You are again proving the point the SL govt is trying to prove. Quit it man ... we all know that there is a Govt sponsored propaganda group trying to post and fight in every forum .. I seriously doubt you are one of them ... with a proxy ID for IV.

    Stop it now man ... SL have spilt enough blood ... your posts suggest that the thirst for blood never ends ... either it be Sinhalese or Tamil.





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  • kuhelica2000
    02-12 05:58 PM
    Quota means a guaranteed number of visa for a country. For example if there is a 3% quota for monorities in college admissions, it guarentees 3% will go to minorities. There is no such quota for green card; only maximum limit a country can use. Even with this limit India captures more visas then any of the ROW countries.


    Getting rid of quotas will help. We will not be in a situation where
    - EB2 is current for ROW and unavailable for India.
    - EB3 is in year 2005 for ROW and stuck in 2001 for India

    Adding more visas is a legislative process. Applying per country quota is as
    per DOL�s discretion.



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  • kopra
    06-16 05:20 PM
    Dilip,
    I can Understand your frustration in this matter. Before blaming on the H1B Quota, we need to think of the grand schema in which this happens. USA is now well known as the only superpowerin this world. Lets take the example of the super-powers in history, Rome and Britain. As Ravi Batra in one of his books said,both of them had some common factors being a super power

    1) Military Power: Both these empires had the best Military in the world. They could use the military to make many of their provinces and colonies to accept their terms in doing business

    2) Both Rome and Britain used to run on trade deficits. This is because, every other countries( or colonies) were producing goods just to be sold in these empires. Their currency was the most sought after one and powerful elites wanted to hoard as much as they can.Since everybody were having so much currency, they didnt want the super-powers currency to decline in Value( which they reinvested in rome or britain to get more)

    3) Cheap Labour:Rome used Slaves to control the commodity price. The living standards of Romans were the best and people even voluntarly enrolled as slaves just to get a roman citizenship after some years.The wage of common people on Rome or Britain never rose, but so did the price of commodities. Britain didnt use slaves, but used the people from its colonies to do the work.Most of them did this voluntarily for a better pay. They used highly-skilled as well as unskilled workers from their colony with less wage to keep the price of commodity stable and cheap .They even enrolled these people to their military to fight wars.

    4) Spreading of culture and language to its colonies: Youth were attracted to their culture and it was easy to spread.Elites in these countries liked it and used to send gifts to the ruling guys. Elites were able to create more jobs , to produce more goods and services for the superpowers and that kept the ruling elites to be accepted,for some posts, re-elected and even workshipped by common man.

    These are the common character of an economic(military in case of rome and britain) super power. So if me or you or anyone among us fight against this cheap labour concept, we are not going to win. Its a character of this market and will continue





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  • unitednations
    02-18 05:19 PM
    You are theorizing based on circumstantial evidence, but the history and origin of the country quota does not support your conclusion. The fact that the DOL and UCCIS would not be able to keep abreast of illegal behavior is not something that would have been known at the time the country quota was introduced.

    The other issue with your theory is that the abuse you are referring has its roots in the fact that the employer controls the green card process not the country quota. If I really want to abuse the country quota I would change my name and get a fake SSN / green card and wait for the periodic legalization initiatives or even simpler, get a birth certificate from the right country.


    Brother; I am also an immigrant. At high levels; I think there should be no quota on employment base.

    The purpose of EB is supposed to be to match an employer with a foreign worker because there is no willing and able American to do the job. Either a company needs a foreigner or they don't. They can't wait for years upon years because of a quota system. I look at sports as an example. In sports there is no quota that only a certain amount of foreigners can play baseball, football, etc. However, other sports leagues around the world (canadian football, european hockey, japanese baseball) have an import quota. However, the best sports leagues are right here in American because they want the best players. American soccer hasn't taken off because the best players aren't here; they are in europe.

    Any reasonable American, politician would agree that if an american can't be found then they should be able to hire the foreigner with the least amount of interruption in their business. At high level and without any prejudice people would come to this conclusion.

    However; we need to understand why is there a quota first of all; and then second why is there a country quota. I've almost come to the conclusion that EB immigration is just an accomodation to get a certain number of people into USA. If it truly was to attract the best/brightest then immigration would be much different. It looks like the answer is easy in my mind; no quota of any sort.

    When talking to politicians, newspapers; maybe one would lose credibility when they would say there shouldn't be a quota. However, how do you come up with a quota of 300,000 verus 200,000 or 500,000. I don't know how one would talk to a politician and tell them to increase the quota and then come up with a number and then explain why it should be that number. A company either needs you or they don't; plain and simple.

    I talk to a lot of people and a lot of different attornies and get involved in all sorts of discussions. There is a thread today asking that a person has gotten greencard but is married to a lady in India. She has a three year B.Sc and 3 years of experience and they want to know if she can come here on H-1b. Reason why this is being asked is because if the greencard holder sponsors her then it will take five years. So what is the easy way; bring her here on H-1b and then go the employment route. I can't even begin to tell you how many times this situation has come up off-line where a person got greencard real fast but never thought of the marriage angle and then they try to go this route.



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  • anai
    07-13 07:25 AM
    And by the way, Canada has one of the top literacy rates in the world.


    I don't know much about Canada, but wanted to point out that the Indian state of Kerala also has one of the top literacy rates in the world. And an excellent healthcare system. (Apparently, the expected lifespan of a Keralite woman is longer than that of women in the developed world. And something like 94-95% of babies in Kerala are hospital delivered.) Also, Kerala pays unemployment benefits to educated-unemployed youth; much like Canada. (See wikipedia or google for sources and citations.) Yet, Kerala is certainly nowhere near the top of the list of desired immigration destinations; in fact, Kerala likely has the largest proportion of natives working outside the state.

    "A good place to live" does not necessarily translate to "a good place to bring your ambitions to life." (E.g., Kerala also has one of the highest suicide rates.) That's my point.

    Anyways, good luck to those who want to move to Canada. IV is all about helping us work on our legal immigration to the US. So I don't think this is the appropriate venue for those who want to go to Canada.





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  • pmat
    05-11 01:35 PM
    What happens to the money contributed to US Social security if you move to Canada (for stays < 10 yrs in US). Can you transfer the social security to Canadian system?



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  • snathan
    08-16 11:35 AM
    simply racial profiling.

    i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".

    When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?

    To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.

    In the end its the color.. do you know beta.

    for the record.i am no SRK fan.

    Mamooty.. who is he?


    Is it their miskate... Indian politician and police are so corrupt and do not have balls to do that.

    No one cares Mammoty...but he is muslim and when he was frisked no one was erupting. Why only for SRK...? Doesnt it show the real picture...? When going for stamping how many hours people are wiating in line. If he is waiting for 2 hours in line whats the big deal. He is not Abdul Kalam to be supported. He was a noble person and Former Head of State. He himself is going through the security check that too in india. He did not even speak a word about that issue. But this moron SRK saying 'Doesnt feel like steping on american soil again'. I bet $10000 if he is not steping on american soil again.





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  • onemorecame
    07-24 06:23 PM
    I do send money because I have a dialysis patient at home for 6 years now. and at this time I don't want to point to the healthcare system at all, but my best wishes that you don't have to go there.

    I do have properties and business properties in India from before I came to US. I don't want to make this personal by naming the IT businesses I sold but am sure if you are from 90's and from India you are aware of those names.

    I am sold those one by one, and that is another line buddy. Capital Assets Line. IT Enquiry Lines, Company liquidation issues (specially if you were a LTD. company), Commerical Property Tribunals, Service Tax lines, State Tax Issues, Central Sales Tax issues. And god forbid if there is a lawsuit filed.

    And yes I am in GC line for 8 years. This is the Last line hopefully other than immigration line at India every year. (which is painful for Indian Citizens) but easy for PIO's and Non Citizens.

    You are good to be here and i'll pry for your GC line/wiait finish soon.

    In future if you face any other line in US then please don't start blaming US....
    ...good luck dude

    I will pray with god that he will never put you line.....;)

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  • jonty_11
    10-04 10:54 AM
    I have Applied for Canadian PR, got a receipt # back. I want to add my wife now. However, she has a shoplifting incident back in 2001 in Singapore. I know we have to provide Police Cert for Singapore nowadays.

    Reading on cic.ga website, they do pardon such offenses in 5 - 10 years depending on seriosness of the offense. ANyone has concrete infomration on this? Would really help is adding my wife on to my appliaction the correct way.





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  • srkamath
    07-25 09:46 PM
    It is really simple.....

    Vertical Spillover

    EB2 (IN) ~ 12000 / year
    EB3 (IN) ~ 18000 / year

    Horizontal Spillover

    EB2 (IN) > 18000 / year
    EB3 (IN) < 12000 / year

    On another note.

    There is possibly an ongoing effort by some powerful people to compel "attrition by frustration" among all prospective immigrants. This Xenophobic philosophy will last till Jan2009, it will then subside.

    It is just like high oil prices - make hay while........

    Have faith in America, history shows it rights itself sooner rather than later.



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  • injrav
    08-03 12:52 PM
    This only proves that this is an important immigrant issue. Pappu should help educate every one.

    Hi TravInd
    keep going on man
    you are the Pappu of this Thread





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  • thomachan72
    01-14 08:52 AM
    Is AILA doing anything about it? Do they need IV member support? How do we make it clear to the USCIS and Govt that targetting H1b and the free will of the employer to hire H1b is PURE SOCIALISM and anti-capitalism. It is a sure way of destroying the capitalistic engine that is keeping the US ahead. Is US becoming a restrictive economy like China? China is moving slowly but surely out of its old ways and becoming more and more open to capitalistic policies and we are finding the US slipping slowly but surely into protectionism and more socialistic principles.
    How can you protect jobs here by taking away the job of another person??
    The person was hired in the first place due to a lot of economic reasons that only a capitalist would know/understand. Simply by snatching the job away from one person and attempting to give to another WILL NOT HELP.
    This reactive response to unemployment will destroy whatever industry is left here. Even research is now being outsourced. Biotech/research triangles are springing up in china and India and elsewhere. Major US universities are now collaborating or setting up independent shops in India and china. Ofcourse Japan and europe is not at all behind. Where is the US left now? CRYING CRYING ABOUT H1B VISAS???? IS IMMIGRATION IS REAL CAUSE OF UNEMPLOYMENT HERE???????
    FINALLY ONE THING I HAVE REALIZED "WHAT IS DESTINED TO HAPPEN WILL HAPPEN".



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  • Openarms
    08-17 03:49 PM
    Well - world is definitely a beautiful place. World is beautiful because of beautiful good people. Like there is a saying "How is house different from a home? House maybe be beatiful and big but it is a home ONLY if it is a happy place to live" and making the world our home lies in how we make sure that it is a happy place to live.

    While your approach towards solving the problems is "education" in my opinion education does help, but that is NOT the only factor. Change happens gradually. Don't we all agree that the most educated people might be the biggest "problem creators"


    WRT snathan - he is a personal friend and I know him. He is sympathetic towards poor and downtrodden and wants to fight against injustice etc.....

    To snathan - to understand things in a better perspective, I recommend that you try this. Invite 30 hungry, poor, starving people to your house and provide them with food, education, good life and ask them to seek opportunities to better themselves. You may face the following

    (1) People may get more demanding
    (2) They may fight among themselves
    (3) Some might steal from you
    (4) Some might get into unethical activities
    (5) Some might disrespect you and step over you
    (6) They may show more respect to those who did not care for them and curse you for some silly reason.

    You might find some good people who really do what you intend them to do.

    Why I say this is - there is no GOOD POOR MAN nor BAD RICH MAN - different people behave different in different circumstances.

    Did you know that India's independence struggle, American civil liberty struggle were all funded by rich businessmen - they trusted the leaders and gave a lot of money for campaigns for them to be successful.

    --- Do these things or ASK our SRK/Politicians/Business Tycoons to do -----
    When I say education, you can not just isolate it from mother tree. It is root of the tree... all the branches grow from there...

    Like you said give education for those 30 children born from today and come back after 20 years.. see how their lives would be different for better then those 30 unfortunate children who are unable to have education.


    Give education for an entire generation of kids for 20 years....and let them figure out their problems...don't just feed them, don't just build homes for them...don't need to solve the problems for them.. let them figure out... that is what going on in USA.

    You can not tie INDIA and USA together.... all you are doing is comparing apples to oranges... don't do that...India needs to learn sooooo many things from countries like USA... not comparing to them.





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  • kurtz_wolfgang
    08-17 10:08 AM
    simply racial profiling.

    i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".

    When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?

    To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.

    In the end its the color.. do you know beta.

    for the record.i am no SRK fan.

    Mamooty.. who is he?

    Read this before you pass comments. Even Al Gore (VP) and Ted Kennedy have been detained on US Airports. Who the hell is SRK? and just because he is an actor and looks all goody goody, you have all the sympathy. Would you have it for Mulayam/Lalu, if they had gone through the same ordeal?? No, then you would have laughed and said they ought to be. Would you be protesting the same way if Musharraf was being frisked? you wouldn't.

    So in the end you are one biased person. You cannot take a justful decision, your decision is based on who is it for. :rolleyes:

    Would Khan have fared better as Kennedy? - US - World - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/world/us/Would-Khan-have-fared-better-as-Kennedy/articleshow/4899589.cms)





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  • newtogc
    10-02 11:39 PM
    Hi All,

    One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as my H1-B transffered to new company.
    I have been hearing the news about LC substitution elimination. Any authentic news regarding this? Even if the USCIS publish the news regarding the elimination of LC substitution, Will it undergo the hearing / comment process. During this time can I apply for i140?

    Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
    Currently I am in my first H1-B and valid till Oct 2007.

    In similar line, what are 45 day letters? Does it apply to my case.

    Please need experts advice in this regard.

    Thanks,
    BNR.





    psgprasad
    07-03 04:34 PM
    Requesting IV core to setup webfax and IV action items to call senators and congressmen on the mid month retrogression issue and bad process followed by USCIS and DOS

    The response by congresswoman Rep. Lofgren should be added in the webfax and our phone calls.





    vdlrao
    09-15 12:17 PM
    This is the monthwise total for Only PERM for India for year 2005 and 2006.

    Month EB (INDIA) # Approved
    Jan,05 0
    Feb,05 0
    Mar,05 1
    Apr,05 24
    May,05 133
    June,05 535
    July,05 794
    Aug,05 1313
    Sep,05 1316
    Oct,05 1212
    Nov,05 1541
    Dec,05 1771
    Jan,06 1788
    Feb,06 1729
    Mar,06 2224
    Apr,06 1635
    May,06 1876
    June,06 1902
    July,06 1574
    Aug,06 1317
    Sep,06 963

    PERM 2005 (All EB2+EB3) for India is 8640
    PERM upto Sep 2006 (2+3) for india is 15008
    So the movement depends on the spillover to EB2 india. I assume if it is in the range of 15 to 20K then it will move upto mid of 2006 by end of 2010 for sure.

    If the spill over is in the range > 20K to EB2 india then it will go to September 2006.

    How did you say that are Only EB2+ EB3?