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  • BharatPremi
    10-23 04:26 PM
    one exception is if your spouse is a Canadian citizen or if you are working for a Canadian subsidiary (I am not sure if it has to be a governmental ).

    1) If "canadian Business" hires you "In Canada" and send you to USA for
    handling its "International Business" then also your stay in USA would be
    considered as your "Physical stay" in Canada.
    2) If you become Canadian Government Employee and it sends you to USA for
    its business then also you will not be considered "Physically Out" of the
    Canada.
    3) If you go to USA with your earning spouse employed by "Canadian
    Business" or "Government" to live with her/him, then also same rule applys.

    Note: This is not legal advise.





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  • mbawa2574
    03-27 01:57 PM
    widower zardari will be marrying kumari mayawati just after election to unite subcontinent and bring peace to world.

    ...:d:d:d





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  • ramus
    07-03 03:52 PM
    Which congressman did you call?
    Thanks.


    I talked to someone & got immediate appointment. Few minutes later I got anoter call back to reaffirm teir support

    Please call your congressman office. I am only asking them to ask USCIS to receive the application instead of rejecting it





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  • hopefulgc
    05-29 09:25 AM
    Seems like Mr. charles is full of shit. He is sounding "informed" but i don't think they know what the real numbers are....YET. It showed inadvertently, when he said "based on the Eb3 demand for the rest of the year". Hello.. EB3 is unavailable.

    I mean what do you expect him to do when you corner him and start asking him questions. He is gonna have to throw numbers out there to make himself look informed and intelligent and on top of his game.

    The sad part is he is going to now set the VBs as he stated here to validate his erroneous statements.


    1. Employment-Based Visa Number Movement and Predictions



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  • samay
    07-14 07:12 AM
    Is there certain minimum numbers of days one has to stay with the sponsoring company after getting the Green Card.
    In my case I have been working with my current employer since Sept-2001 (almost 7 years).
    Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.

    I was in the middle of using AC21 just before my GC got approved, hence this urgency.

    It is normally recommended to work with the sponsoring company for at least 6 months.





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  • smuggymba
    07-21 07:00 PM
    A guy approached me in Walmart (he had nothing in his cart) and said - are you from india? Where do you work? Where do u live? What's you fone number.......all this happened in a matter of 2 mins. We has just moved to a new city and thought he is a nice guy and gave our phone number.............BIG MISTAKE....got a fone call 3 days later to talk about a business plan............OMG...worst hr of my life.

    Then I met one couple in their 40s in IKEA and they said - I've see you before....it immediately struck to me and I said - Are you from quickstar............ROFL.

    These ppl are a pain. Avoid Amway/Quixtar and any pyramid ponzi scheme.

    People like these give desis a bad name. Ignore them.



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  • muni_k
    07-08 06:44 PM
    I am in the 6th year of my H1b.expires end august 2008.I have applied for I-140 in may of 2008 after my labor got audited and finally approved in may2008.My labor application was in sept 2008.I can probably recapture the time spent outside the country to take it past 1 year of labor certificate application(in order to apply for H1b extension).can i avail of premium processing for my i140 to get a possible 3 year extension or not.to me it seems not given that as per USCIS website :

    USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:

    Whose sixth year will end within 60 days;
    Who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
    Who are ineligible to extend their H-1B status under section 106(a) of AC21.
    Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.





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  • TeddyKoochu
    01-15 04:48 PM
    "What about the legitimate people who didnt buy the visa and due to USCIS, struck in GC black hole...? Do you have any way to segregate bad apple from good one. You just want to throw the baby with bath water. Period."
    U tell how USCIS should segregate bad apple with good one ? Should they allow the status quo because good apple will be affected ?

    Buddy I believe you are being too harsh. Status Quo is never a great idea, however please consider the following scenario's you will realize the larger issue, no disrespect meant to you. Nobody is a fan of consulting only companies including those who work for them.

    1) In case of cancer, chemotherapy or radiotherapy is not applied to the entire body but just the affected part and the dosage is carefully measured not to cause any harm to the good portion howsoever small it maybe.

    2) In a state if a certain area is bad does not mean that every person or everything is bad in that area and the only cure is to eliminate everything.

    3) In a field in a given area if some crops are infected the idea is that you try to weed out just them without harming the good crops or the soil.

    What you are implying is just eliminate a practice right away because the rules of the game suddenly changed one fine day. Your intentions seem to be correct however in your blind justice you are forgetting that there are many good brilliant apples as well (In fact more good than bad) and their families who work hard everyday, have been doing so for many years waiting for their GC and are probably partially stale already. Your notion of justice, correctness and change will kill / finish them as well. Sometimes idealism in reality is not as good as it looks like when just thinking.



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  • senthil1
    06-11 10:50 PM
    There were many compelling reasons for recapture bill on 1999-2000. Top 3 reasons were
    1. Demand was very high and in some areas only less than 2 persons were available for 4 positions.
    2. Outsourcing was very low. There is no other way than importing foreigners. Now even if demand increases many positions are going for outsourcing.
    3.There were no AC21. So many people started leaving country after completion of 6 years H1b causing huge problems to companies and country.Companies could get recapture and AC21. Now atleast 80% of the H1b persons are willing to stay even 15 years without green card using ac21.

    Now only green card aspirants are suffering due to deley in green card not the companies or country. But country and companies are using the H1b persons by just showing green card carrot but actually not giving it.


    Dilip Dude,
    As said before by unseenguy, your case is just plain LUCK, if there was no bill during 1999-2000 to recapture and increase GC quota, you would have been still struck in BEC counting days for GC,forget Citizenship. Just because you are over qualified(or under!) than others does not make you special or get you GC faster, you just had some good KARMA, thats it...

    Anyways, your attitude of blaming others(h1/l1 etc.) for decrease in your quality of life is just plain STUPID and shows your maturity.

    I wish you are not in a managerial position, I have seen many Desi managers like you who give hard time to fellow Desi folks working under them thinking they rule the world and they are the only qualified one who knows all.

    My advice is wish good for others not bad, this will get you more good karma and maybe get your citizenship faster.. :-)





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  • acecupid
    08-15 09:27 AM
    Try detaining any of their top Hollywood Heroes at an Indian airport for 2 hours and see how USA media and people will react to it.

    You people have no respect for your own motherland and always think everything American is good than your own country. Learn to stand up for your motherland. Just because you want your greencard does not mean you forget your roots. Anti-Immigrants (read racists) of this country will still call you slumdogs even if you are a citizen of this country. But your own country people will never forget you and will accept you as their own even if you have lived here for 50 years.

    Learn to love your motherland.

    I completely agree with you that we should never forget our roots or our motherland. India is far better than US when it comes to family values and many other things. However, this story has nothing to do about standing up for our own country/motherland. Every person who has a common name with terrorist names has had troubles at POE since 9/11. So who cares if he is SRK or anyone for that matter. When Colin Powell was the chief of security under Bush administration he had to go through airport security just like any other common person. The TSA here in US treats everyone the same. Do you think ministers or celebrities in India follow any security procedures ? Every now and then you hear of ministers and celebrities involved in smuggling scandals.
    There are good and bad things about every nation. IMHO, security procedures in US are the far better than India and apply the same way to everyone unlike in India. If you are so concerned about standing up for your motherland, what are you doing in the US ? Should I be calling you a traitor ? My point is, this case of SRK has nothing to do with loyality to motherland or racism. It is an unfortunate aftermath of 9/11 and we all know its been happening at POE.



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  • hopefulgc
    02-13 02:39 PM
    I am ready to commit $25 for the initial consultation with Rajiv or some other lawyer. I have no qualms about raising my commitment if there is need.



    Even I am ready to put in $ 25 for the first consultation with Rajiv khanna or any other Lawyer IV core wants to go with. And if IV plans to go ahead with class action lawsuit as per requirement will raise my monetary commitment. please PM me if IV core plans to go ahead.





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  • somegchuh
    10-10 01:01 PM
    Can someone clarify the following for me?

    1. How hard/easy is it to get TN visa? Is it restricted only to specialized professions like H1 or can ppl with general office (HR/marketing) etc also get TN visa?
    2. Can spouse work or is it same state as H4?
    3. How hard/easy is it to switch jobs?
    4. What does it take to apply for green card while on TN (without switching to H status)
    5. Anyone tried L1 route from Canada to US?

    Basically, my question is it worth the trouble trying to get a GC if you are a canadian citizen?



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  • sumagiri
    07-25 08:40 PM
    I dont know what this means. He said previously EB3 backlog is massive. So assuming40 percent of indians would give 160,000. Out of those assuming 50 percent for EB2 would give 80,000. Question: Is eb2:eb3 ration 50% ??



    "I think that the numbers are generally accurate, but I disagree with the conclusion. In large part, I rely on what I was told in a conversation with the State Department officer responsible for calculating cutoff dates. He told me that the Indian E2 cutoff date is going to retrogress back to late 2002 or early 2003 in October. He said that the Indian E2 backlog is MASSIVE.

    Looking at the total number of people who have filed AOS applications, or who have been reported as documentarily qualified to consular posts, we see a group of at least 400,000. This was as of a couple of months ago, after much of this year's quota had been used. I'm told that between 40% and 45% of the people in the known backlog are chargeable to India - and most of those are E2".


    IMO, "MASSIVE" is a relative term. Even if there are 400,000 applicants and 45% of them are India and 60% of those are E2, the total is just 108,000. Not that bad if we look at the calculations and E2 numbers India gets this year and next year. I think it is sensible to say the actual number would be lower than 108K.

    Having said that, before horizontal spill over, all these numbers (spill overs) were going to E3 ROW. Why is E3 ROW still severely retrogressed? Apart from calculations, I am attempting to do all reality checks. Is the volume of E3 ROW so heavy that around 50k + additional visas are not helping to bring E3 ROW to current. Read some where about amnesty causing this back log. Any one knows this for sure?





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  • r2i2009
    01-18 08:11 PM
    Still Desi companies are not following Labor laws.
    I know a company in OHIO still exploiting H1Bs......but payroll being generated....


    Hmmmmmm......USCIS this is not enough.



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  • doknek
    07-17 01:33 PM
    If PD moves to last quarter of 2007 within a year, then there would be no candidates (EB2), since all will still be stuck in PERM audits which will take 6-12 more months to clear + I-140 processing time.

    So, they move PD dates faster but freeze PERM apps. I am confused:confused: Any insights?





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  • paskal
    12-13 05:40 PM
    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.


    in a nutshell:

    an end to retrogression for all
    increased GC quota
    removal of per country quota
    efficient processing of applications

    the per country quota issue is only one among the measures
    we cannot focus exclusively on that because our goal is an end to retrogression for ALL. it does remain though, one of our goals in the package because we believe it is fundamentally unfair and should not be apart of a skilled immigration program.



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  • Macaca
    07-03 09:27 PM
    Done.. Thanks.
    Ramus and Tikka,

    I did not follow the 100 page thread. It has more issues that I must have missed. Please collect them and keep checking if I missed any issues. Thanks!





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  • lazycis
    02-14 12:19 PM
    No one can prove that USCIS intentionally took decisions so that they waste the visas.


    Well, I can prove it based on the recent name check memo.

    "In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."

    Wait a minute, isn't IJ able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along! Why did not they removed name check after they wasted 80k+ visas in FY 2003? Did not they know about it? Was it not intentional?

    I love also this part: "in the unlikely event that FBI name checks reveal actionable information".

    See also most recent Mocanu ruling
    http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf

    "USCIS’s name check requirement has (1) never been authorized by Congress; (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions "

    Why should people suffer because of government screw up?





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  • the_googly
    07-23 12:48 PM
    I posted this message on another thread and got slammed - :confused:. All the discussions here are just speculations.. no one really has access to real numbers.. so take it easy this time :p

    As we do not have any real numbers my predictions are based on EB2 numbers from (assuming the data to be a true random sample)

    Here are number of EB2-I I485 pending cases by year

    2007-100
    2006-150
    2005-125
    2004-200
    2003-50 (250 have been approved)

    USCIS has approved about 450 EB2-I cases last year. A conservative estimate of approval rate going forward would be 30 cases per month. Based on this the movement..
    2003 cases will be approved by Sep '08
    2004 cases by Apr '09
    2005 cases by Sep '09
    2006 cases by Dec '09

    Good Luck !!!





    rkg000
    09-04 08:14 AM
    True_facts, you cannot denigrate dead people. I know you are coward, because you cant say what you can say with your own ID. Go to every village in AP, people are better off now than 5 years ago,that's YSR's legacy. YSR improved irrigation, infrastructure across state and percapita income in state.

    Corruption, particularly in India, is like a software, which only gets better with every release. YSR took the corruption to a level unknown till now, I bet he'd put lalloo to shame. What development are you talking about. Don't you hear increase in inflation, or farmers suicide or land grabbing. If you haven't visited Hyderabad recently, you better do it soon, else by the time you visit next time you won't see hussain saagar, but a few multiplxes or luxury homes instead. I'm sure in the next release (read CB Naidu becoming CM), he might take it to a whole new level.





    unitednations
    02-19 12:20 AM
    Since I am new to the boards; I don't know how much statistical analysis has been performed.

    Here is some good material or ways to get the point across.

    Following is hyperlink from OONET regarding stem positions.

    http://online.onetcenter.org/find/stem/title?t=1&g=Go

    Click on it and then pick a "on demand" profession and scroll to the bottom. At the bottom of each profession will have median salary; number of people doing the job in 2004 and projected need for the next 10 years.

    -------------------------------------------------------------

    Following is an excerpt for accountants:

    Wages & Employment Trends
    National
    Median wages data collected from Accountants and Auditors.
    Employment data collected from Accountants and Auditors.

    Median wages (2004) $24.67 hourly, $51,310 annual
    Employment (2004) 1,176,000 employees
    Projected growth (2004-2014) Faster than average (21-35%)
    Projected need (2004-2014) 486,000 additional employees

    ----------------------------------------------------------------

    The IT jobs is broken down by manager, software engineer, programmer, etc., so a few numbers need to be added up.

    -----------------------------------------------------------------

    Go to americas job bank, careerbuilder, monster and type the in demand professions, ie., "software engineer". See how many postings there are. There will probably be duplicates between the different boards.

    See if careerbuilder, ajb, monster, etc., will give you statistics on how many of those positions were filled.

    ----------------------------------------------------------------------

    Try to see if you can get prevailing wage determination for eb2 positions across the country. I know off hand that an eb2 IT position in Edision is over $90,000; new hamshire is anywhere from $89,000 to $113,000; Austin, TX is about $106,000; Virigina is close to $106,000 (generally if it is bachelors plus five years of experience; it is in six digits or close to six digits).

    -----------------------------------------------------------------------

    The above will give a pretty good sense of the positions being sponsored; the salary levels, and the demand. Only thing missing is to correlate U.S. university graudates over the next 10 years and the gap between demand and supply of the skilled workers. Analysis has to be more facts then words and can't be too long winded.



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