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  • gcfordesi
    08-15 07:39 PM
    I know its not easy or possible in USA to get a Immigration officer to make some scene deliberately at airport . Here is what i observed .
    He was in CA a month back june/july for his movie shoot nothing popped that time.
    But he signed a 100 crore INR deal with FOX for his Forth coming movie My Name is Khan i think couple of weeks back dose it tell something ?
    So with this incident he is on Top 10 news in CNN today - Btw this news was at number 7 few hours back and now number 2.
    Nice way to create awareness of Shah Rukh Khan and the Movie.

    Just my 2 cents ....

    1. 1 When an insect sting turns fatal
    2. 2 Bollywood star detained at airport
    3. 3 Tropical Storm Ana forms
    4. 4 Britain seizes control of islands
    5. 5 Bob Dylan a complete unknown?
    6. 6 Australian granted right to die
    7. 7 Lockheed Fire scorches 6,800 acres
    8. 8 Run 135 miles across Death Valley?
    9. 9 Arctic Sea 'ransom demanded'
    10. 10 Missing boy last seen near car





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  • MERAMICBOY
    08-01 12:26 AM
    Hi Samay,

    We would really appreciate if you could provide your inputs on our case.

    My wife came to usa on H4, and transferred to H1 in 2006 to work for a desi consultancy.

    Recently she took a full-time position with a fortune 500 company. Her H1 transferred to new company without any problem.

    We would like to appear for her first time H1b stamping at Vancouver during next month. We have some concerns regarding the following issues. Any inputs are highly appreciated.

    She graduated in India and worked for an IT company in India for 2.5 years before coming to USA. Can she appear for visa interview in canada, though she does not have degree from USA.

    Her H1 started on Oct 1st,2006. But she did not find a job until Mid November during the first year. Her employer is not willing to put the start date on work experience letter as Oct 1st, rather on both offer letter and work experience letter the start date has been mentioned as Mid Nov. Will this discrepancy in H1b start date and offer letter start date would be a problem during stamping?

    She has some intermittent large gap in work experience due to the pregnancy. Thus, she has significantly smaller wages (50% less)on w-2 compared to offer letter during second year. But the work experience from previous letter does not state any gaps in work experience. Will the VO would ask for any additional details regarding the wage difference.

    Also, there is a gap of 15 days between the last date on previous employers work experiene and new job start date, and the same can be found from the letters from different employers.

    After she changed to full-time, she has all the required docuemntation for H1B stamping.

    We would like to know the severities of these concerns and suggestions to overcome the same.





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  • chanduv23
    07-04 08:50 AM
    Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004

    I picked this from another post here in IV. Maybe we must have a sticky template so that everyone uses that template.





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  • alexanderthegreat
    10-17 09:34 AM
    Hello everyone,

    Those of you who had gone thru this process may be able to help me. My 7 year old daughter is a US citizen. If my family applies for Canadian PR, do I have to apply for PR for her also?. I have heard that US citizens do not need any permission to live in Canada. Any insight is appreciated.

    Thanks
    alexander



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  • akred
    02-18 12:31 PM
    Reason it was retrogressed is probably everyone was getting everyone of their relatives, etc., to come to USA through employment base. The country quota in my mind is designed to prevent such abuses of people making an end run and designing systems to get people from certain countries here.


    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.





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  • immi_seeker
    09-15 01:09 PM
    I agree that it makes sense for USCIS to allocate spill over numbers on a quarterly basis.

    But i doubt if they are allocating spillover quarterly. If they did, then we should have seen steady movements and not a rapid movement of dates in the last quarter.

    We should certainly get a clarrification from USCIS about this. This could be a potential administrative change without congress intervention.

    Doing it in the lat quarter could cuase visa wastage especially this year where it is anticiapted that there will be lot of spill over numbers.



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  • minimalist
    05-12 09:55 AM
    You can paint it with any emotion but it still is the fact.
    It is no diferent from the wat India dealt with extremism in Punjab.Until KPSGill stepped in,it kept raging. It is same as the way India trying to deal with Kashmir.

    I am a non-immigrant in USA,sure. If I try to demand and bear arms to get a separate country here,definitely my life will be in danger.Should I expect India to come to my rescue?




    Being a NRI in US, your conclusion is it is a SL issue, not a India issue. This is because you enjoy freedom, safety and opportunity in USA, even though you are just a non-immigrant in USA. Hope it will continue. If your job, safety, security, life becomes danger here, then do not get help from India or Indian consulate in USA; because it is a "US issue" as per your logic.





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  • nuke
    01-13 02:27 PM
    I think IV should get a new law introduced which changes the surplus visa trickle down policy so that equal number or visas gets distributed between EB3 & EB2. This law will have maximum possibility of getting passed.



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  • JazzByTheBay
    12-13 04:31 PM
    Wouldn't you think? If we have enough resources (a membership-based IV), perhaps we could explore the possibility of legal action, perhaps even a class action (not a lawyer myself... so not sure if that's in the realm of possibility... ), against this unconstitutional statute that restricts skilled folks from certain countries on the basis of diversity.

    Diversity would be OK if folks from other countries weren't getting their Green Cards because of lack of immigrant visa numbers (in absence of per-country quota). But if each year the annual quotas of 140K aren't beint utilized, there's no rationale for restricting folks born in certain countries even though they have the necessary skills, imo.

    Overall, treating countries with a population of 1 billion and over the same as countries with a lower population than the city of Los Angeles is insane.

    jazz

    employment base makes up only about 11% of all immigration
    the country would not be "colonized" by choosing people for this category on merit alone. as for 90%- this is too is frankly a wave in my view, all things change, for now many Indian techs want to come and they have jobs available, tomorrow one or both of those things may not be true. But none that justifies treating people differently because of where they are born.

    this is entirely my personal opinion: if extended families (like adult siblings and their entire families) were excluded from FB, country quotas would lose some of their "need" and FB would not have to be the overwhelming majority of immigration numbers.

    How about I ask you why the "diversity" is not needed in other things. how about a quota for religion? profession? color of skin...? all those can be diversity issue. What if I said not more than 7% STEM graduates? I'm sure the Programmers Guild would agree. If you don't like those ideas, why country of birth?

    The fact remains though that EB is a skill based category. If I or you(?) join a company with identical (or better) credentials as someone from Congo/Sweden/Belize (whatever), they would have an EB2 GC in 1-2 years, we would sit for 10 and stew under multiple career holds and restrictions. Since no body from India would ever get the EB2 GC quickly, an entire subset of immigrants (based on country of birth) are ALWAYS held behind. You are presuming that somehow this benefits the US. Get skilled immigrants- but don't let a whole bunch of them rise to their levels of ability because they were born wrong. I am at a disadvantage because other people from my country applied for a GC. But when my employer takes me on, he does not care where I was born. My skillset has nothing to do with it. Why is my application (which is based on that employer and my skillset) hostage to something that is not even in the equation? This country is about individual freedom. I am here and an applicant for GC as an individual. What do I have to do with others who apply?

    Fair? You decide.





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  • bitu72
    09-29 02:09 PM
    HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.

    For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping



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  • AirWaterandGC
    05-12 08:04 AM
    Thanks nozerd.
    Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.

    Thanks again.

    A Canadian PR has the right to enter Canada (as opposed to a US PR who does not have the right and can be denied entrance by INS).
    If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).

    Dont know about the reapplying part. Never heard of anyone having done it.





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  • aruny5
    05-29 12:13 PM
    Date of sign up: May 29, 2009
    Subscription Name: Donation to Support Immigration Voice (User: aruny5)
    Subscription Number: S-4EV10617TH7257927



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  • msyedy
    01-26 11:20 AM
    Thanks Pappu. Is this called Labour substitution? I don't know that term.Any input regarding this is greatly appreciated.

    Labor substitution is not encouraged by INS any more, but is still possible.
    Use the old labor and file for premium I-140. If approved you can use that priority date.

    Simple as that, premium result will be in 15 days.

    Best of luck.... Though I dont encourage this, and I am against this because people are just moving ahead which is not a fair.

    But nowadays.with this retrogression and we fighting for our provisions I have become more stable and want any of my efforts to help anyone and this is making me happy/





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  • longq
    02-13 03:09 PM
    They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.

    I am not disputing this. Entire discussion here is how to handle if demand is less than supply due to the impose of 7%.



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  • saturnring11
    07-22 06:19 PM
    I still find it pretty amazing that so many desis are attracted to Amway. I guess it is the allure of money (which rarely materializes) and being your own boss that gets people hooked. In some cases as you guys have pointed out, both husband and wife "hunt" together for unsuspecting newbies.

    While I was an F1 student back in 2001, there were instances of people being driven straight to an Amway meeting the minute they landed at the airport. Apparently some people thought jetlagged newbies to the US would make for a quick sale.

    I'm glad this topic is being brought up. We've got to expose this unscrupulous practice.





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  • prinive
    02-12 12:26 PM
    Just missed.... My PD is EB3 Sep 2001... Not sure what is going to happen because of the latest name check procedure change....



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  • eager_immi
    07-16 10:20 AM
    When your emplyer waits to file your GC in the last day of your 5th year in the fear that you will leave them DOES THAT NOT PROVE TO YOU THAT THEY R DESPERATE. Which employer in the right sense would do that if they did not want you. Especially when you are making 150K per annum there must be a reason, and it cannot be the mere laywer fee of 5K. This has been done by fortune 500 company and I am not talking about indian consulting firm. So please stop advocating what u are preaching you may have a different story but not everything fits into it like a cookie cutter!!!

    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.





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  • qvadis
    12-13 05:28 PM
    Folks,
    Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney.


    Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.





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  • villamonte6100
    12-14 12:30 PM
    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
    wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

    thanks and sincerely,

    --soljabhai

    You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.

    If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.

    Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.





    jsb
    06-05 10:18 AM
    Not really the biggest barrier is same or similar job. It is absolutely unfair no not let someone grow into different areas and keep the job exciting. I personally had to pass on so many opportunities even within my own company because of similar job constraint. In fact in many good companies including mine the executives encourage you to get experience in different areas of business before you are considered ready for executive positions and the VP of my division clearly told this to my director that i need to move on to a different job area. In general the AC 21 is risky and if you are waiting for 6-7 years you may not want to take the risk as USCIS make decisions which are unreasonable. AC 21 is also not a law and is subject to interpretation. The deal is that it is completely unfair to not let a person grow professionally and let him or her try different careers. Granted some folks may like to stay in same job area and continue what they are doing and these changes will not impact them but for those who want to try something different every few years this same or similar job rule is a curse.

    EB is based on employer's need and sponsorship. Even AC21 is a deviation (in our favour) after 180 days wait. That seems fair, as permiiting you to ditch sponsoring employer soon after your filing for permanent residency could lead to fraud.

    Any suggested change should not appear to be too much deviation from the original intent. Best potential seems to be for USCIS to communicate preadjudiation decion to clients without waiting for the visa number (stating that the decison letter could be used for GC benefits, such as those given by EAD & AP, until such time formal GC card is issued, which could be done when visa number becomes available). This should reduce USCIS workload as they will not have to keep on working same cases again and again with frequent requests for FP, job confirmation letters, etc.





    gcdreamer05
    03-27 12:00 PM
    How about rajinikanth, vijaykanth, kamalhasan..........

    Amitab bachan, hrithick, shah rukh..............

    If Imran khan has come in to politics why not Azharuddin ?

    We can keep guessing but you know who is the right guy ,

    Abdul kalaam (can a president become a prime minister too again or something will limit him not to).

    Or deport bobby jindal there and make him india PM so that he can release statements about US from there :D:D:D



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