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  • nomi
    09-29 11:00 AM
    I got my Canadian PR and I have to land before 3/12/2007. My H1 B VISA STAMP expired on
    8/30/2006. I got approval from another three years from USCIS but I need to go for visa stamping. I don`t want to go for US Visa stamping coz last time it took my one month for all background checks. I am avoiding for US Visa Stamping but I want to land in Canada in order to secure my Canadian PR.So any I use automatic revalidation provision of 22 CFR � 41.112(d) and come back with valid I-94 and without H1 B visa stamp from US consulate

    http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html#



    Any one can help or guide me what is safe to do ?

    Thanks





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  • eb3_nepa
    10-23 11:34 AM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.





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  • rahulpaper
    06-26 08:33 PM
    Ok, if the Fragomen page is the source of this rumor: can someone who is a Fragomen client ask their attorney about what's going on here. That might help clarify things a bit. (Given that they are the largest immigration law firm, there's bound to be many IV members for whom Fragomen is preparing documents.)


    Please Please Please ask the lawyer you are working with.....





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  • hydboy77
    06-04 01:36 PM
    As JSB pointed out what you are asking already exists with an EAD, 180 days after filing 485 you can leave your current employer and join a new company as long as it is a same\semilar job. The problem with this same or semilar job is it is a ticking time bomb, the day USCIS decides to go after EAD they can have a restrictive interpretation of same and semilar job and deny your 485 or they can keep sending you employment verification letter rfe every couple of months. I am not being paranioid, for example even though AC 21 clearly states that once 180 days have passed since the 485 has been applied, the employee can join a new job and even if the previous employer has revoked the approved 140 it should not effect the 485 petition, but USCIS is not following this law and blindly sending 485 denial notices to applicants whose approved i140 was revoked by previous employer. Who knows what sort of abuse will USCIS resort to in the future against EAD.

    To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.

    Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.



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  • Life2Live
    01-15 02:56 PM
    This rule will be disaster for my life, it is leaving me no option other than to go home if H1B not get extended. I have been here in US for last 7 years and own a house, I do have Kids US citizens. I am getting my H1b extenstion year by year since my labour is approved and I-140 is pending.

    It looks like I should stop making mortgage payments immediately and be prepare to go back this year.





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  • snathan
    03-29 08:35 PM
    Thank you for your personal opinion. India was doing well when Vajpayee was PM. He is not some management honcho. It is a vision of the person that is more important. Manmohan is a learned man and has provided country with real good service but real power rests with Sonia and her son Rahul.

    Hence. Its a question of ideology in the long run and given my background, BJP govt suits me better than Congress. So I prefer Advani over Sonia.

    I am not sure what vision Mr.Advani has for India. May be at this age he might have better vision than other people in the same league.



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  • ebizash
    07-21 05:04 PM
    i am not convinced u lost 20k in it? my roommate was a quikster guy, he never forced anyone., he would receive all this Junk stuff to sell, after 1 year he said enough and stopped, i dont think its madatory to buy stuff, its all about the new member add and comissions with it that prompts them to catch new desis.

    For good sake desis, dont get your wifes and Kids involved in it, i ,met a desi in Target and asked him, dont u feel annoyed getting turned down with rude behaviours, ( he was with wife trying to get me to buy)

    he said NO? WHY? after all its all about Money? hear it


    People can loose a lot of money in this "business"... 20K in 4 years is petty... literally.

    Once you achieve some level in this business, your "uplines" start pestering you to do 300PV every month instead of 100PV. Each PV is about $2.50 + tax + Shipping so 300PV = $800 a month. Most of this $800 stuff is at least with 300% markup and many of the things that we didn't need. So even if we take $200 as waste out of $800, in 4 years, I lost $200x12x4 = $9,600

    Now, off course no one puts a gun to your head to buy 300PV but the pressure is nothing less than that. Its very hard to explain just like hard to explain the Niagara Falls experience (this example I have used many times while contacting people).


    Now comes the suckiest part - Tapes, Books, Meetings, Conferences.

    Each year there are 4 "conferences" over 4 different weekends. Each ticket costs about $125 and the hotel costs another $150. For a couple it comes to $6,400 for 4 years

    Every week there is a "Open" meeting which costs $4 per person so for a couple it amounts to $1,664 for 4 years

    You "have" to buy (again the pressure) 5 CDs ($8.50 each) and 2 books (~$20 each) every month. This amounts to another $4,000.

    Now since it is a pyramid kind of structure, you will not have your entire team in one location or region. We had driven to "help" our group from MN to NY and PA, and MI at least 6-8 times and within northwest at least 20-25 times. This at least amounts to another $4,000

    finally, you are "encouraged" to provide samples to new contacts, new team members so that they get hooked up to "Amway" products. Another $2,000.

    So I am sure we lost much more than 20K just in hard cash without even counting the opportunity cost of all that time wasted. To be fair though, we are still receiving monthly bonus checks 3 years later which range from $100 to $300 depending on how much stuff is bought by the people who were in our group and who are still buying Amway products.

    I don't know why I am explaining all this to you but I know many people who have never been in Amway think that you can not lose money in Amway. In fact it is totally opposite, you can lose your shirt in this "business"..





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  • addsf345
    08-17 01:21 PM
    Why should it be a surprise?
    How do PoE officers know if he is a film star in some foreign language movies?
    Even if they knew, why is SRK so special that he should not be checked?

    There was an instance when a pop singer from India(Daler Mehdi) was accused of smugling illegal immigrants disguised as musicians. Point is, if somebody is a celebrity, that does not make him/her un touchable?

    who is SRK?



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  • engineer
    09-24 01:17 PM
    great idea, totally support it. I already sent message and asking all my contacts to do so asap.

    For all nay-sayers, chronic pessimist, I am ROW and I know Removal of Country Quota may hurt me but does not matter.

    This is the only forum which can help Immigrants so I believe in it's leadership and I know they will continue to tackle issues faced by all of us.

    regards,





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  • surabhi
    07-21 05:13 PM
    For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
    unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).

    American Competitiveness in the 21st Century Act of 2000 (AC21) had recaptured 130,107 visas.

    Out of that 94,000 were used in 2005.

    7,312 were used in 2007.

    So dont know when the available 28,795 unused VISAS of AC21 will be used again.



    The unused family based visas of 2007 are 31,100 , which are going to be added for Employement Based Visas of 2008. So the total Employment based visas for 2008 are 140,000 + 31,100 = 171,100.

    Theses 171,100 EB Visas of 2008 will be split like, asuming USCIS is not using the availble 28,795 unused VISAS of AC21 below.


    (If USCIS decides to use some or all of 28,795 unused VISAS of AC21, then the available Employment Based VISAS of 2008 increases accordingly. )

    28.6 percent each EB1, EB2 and EB3. 48934 VISAS for Each Category.
    And 7.1 percent each EB4 and EB5. 12148 VISAS for the last two EB categories.


    So in 2008 the total Visas for EB1 and EB2 are 48934 + 48934 = 97868 plus unused EB4 and EB5 visas of 2008.



    The total EB5 Visas usage never crossed 824 in the past 10 years(Average Usage is 376/year).

    So there would be 11148 visas available for EB1 from EB5 (assuming 1,000 visas are used in EB5 which is highly impossible)

    The unused EB4 Visas may be couple of thousand or null, based on the past 10 years EB4 usage (7,223 is the average usage)

    Assume there are only 2,000 EB4 VISAS unused in 2008 (defenitely it would be more unused).

    So the total EB1 and EB2 Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016


    The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?

    I havent researched FB category , so apologize if its silly question



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  • breddy2000
    09-04 09:33 PM
    hey stop the nonsense. u r trying to argue with everyone. u r playing with people emotions.
    why don't u just stop the arguments over here. just leave the dead person in peace.
    if u don't like him just go and talk with someone else who also doesn't like him in ur family or with ur friends. i think u r spending too much time bashing YSR and his son.
    r u considering urself as a "SAINT" , if u r saint, u have right to talk about other persons.
    otherwise u should shut ur mouth. Its good for u and ur family. u used the word "KUKKA CHAVU" that's not at all accepted. i think u should keep ur tongue when u r using those words.

    This MF doesn't even have minimum decency to just leave alone a Dead Man.

    Want to see his saint deeds on IV.....Look for handle "CHANDUV23" handle history.

    1..) This MF has been preaching about faking Resumes in his old posts
    2.) He suggested faking Exp letter to someone in trouble...
    3.) He openly has shown someones full name using his Admin previledges


    Look for all of "CHANDUV23" posts

    Want to see him...search for him in UTUBE. Search for "CHANDUV23"
    God knows what kind of idiots are given this kind of responsibility as Admin....





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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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  • rb_248
    10-04 10:01 AM
    1. You need to submit original transcripts and notarised copies of degree certs

    2. I requseted my current employer to give it. I quoted that I need them for applying to university

    3. I did my pictures from wolf camera. I took the photo instructions to them. They made exactly like that.

    I just got my PR approved and I got my passports back with visas.

    STAmisha,
    How long did it take for you? and where did you file your application?





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  • return_to_india
    05-12 10:10 PM
    I have seen lot of Tamil folks in Kerala ( mainly migrated for construction work ). THose who came earlier speak good Malayalam.



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  • jetguy777
    07-22 11:23 AM
    Theres no argument about EB2 retrogression. It will retrogress defenitely in the next few bulletins. But the retrogression would be mild one and that would be there only for a VERY SHORT SPAN of time. After that the cut off dates would run like to reach the CURRENT.

    Vdlrao

    Appreciate your thoughtful and encouraging posts. Continuing with Ron Gotcher's line of reasoning:

    "It is worth mentioning that the CIS has never adjudicated more than 85,000 EB AOS cases in a single fiscal year - though this year it is possible they may process as many as 110,000 if they go all out. Keep this fact, together with the size of the backlog, in mind when trying to estimate how long it will take them to get to your case when your priority date becomes current."

    How do you reconcile USCIS productivity with the number of visas that are available? In other words, although there may be sufficient numbers available to move the priority dates forward in the next fiscal year, USCIS can only adjudicate a limited number of cases per year.





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  • krish2005
    01-14 12:15 PM
    To the poster of this thread.

    Voted your thread as 5 stars given the severity. The info provided by you is so very critical to our survival as H1B in US.



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  • El_Guapo
    01-14 01:41 PM
    This is comedy. This El_Guapo wants to give green to his own post. Oh man, what an idea to get greens. :D

    I give you green Mr. Kris or rather KrishnaChandramoorthy ;-)





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  • cbpds
    09-15 06:22 PM
    Even I will donate if I can just apply for I-485

    Your PD will be current by Sep 2010. Or if you are lucky you may get GC by that time.

    If you get GC donate to IV.





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  • gc4me
    02-13 01:11 PM
    Any of you want to join with me with this drive? Let's form a group and sue the USCIS for misallocation of visa. If any one is interested, please PM me.


    immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?

    Can we sue USCIS? Let's discuss.
    In that case, let's hire an attorney.





    sbabunle
    08-03 03:16 PM
    Hello shree19772000
    There is a proposal to stop labor substitution which was
    put for public comments. It was like a few months ago. If they finalize it, labor substitution will be completely eliminated. But I'm not sure of the timeline of this.

    babu





    thecipher5
    04-23 12:59 PM
    priderock,

    There is definately an element of risk and it is high in case of LC substitution. In my case, the LC said that the candidate should have MS and few years of experience and I didn't satisfy all the requirements and eventually got a query from USCIS and rejected the application.

    If you can get it approved through a good lawyer like Sheela Murthy or Rajiv Khanna, then you can make a decision.

    At times, USCIS doesn't allow to substitute MS degree with experience and it depends on the wording of the LC.

    I'd read about this in different forums, talked to lawyers and friends.

    Still, you can talk to others who've done it and then make your decision.


    -- thecipher5



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