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  • la6470
    01-16 02:41 PM
    THIS IS BIG AS 30-40% OF PEOPLE WHO WORK IN THIS CONTRY ARE RENDERING SOME KIND OF CONSULTING SERVICE TO THE CLIENTS. ALL DESI CONSULTANTS ARE DOOMED FOR GOOD.
    ALSO TO BE CLEAR, THIS DOES NOT IMPACT ANY EXISTING H1-Bs THAT ARE ALREADY APPROVED BUT THE EXTENSIONS AND NEW FILINGS. THIS IS A BUMMER.

    Now the question of this memo being is good or bad is debatable but it surely does get rid of body shoppers for good.
    Edison, NJ is going to be a ghost town.

    How else is a consulting company supposed to work - if they do not send their consultants to client site? Consulting is not always a one month affair - all IT organizations need long term consulting on permanent basis from subject matter experts. Again I know for sure that this is a misguided memo from some folks in USCIS who has no practical understanding of the complexity of modern IT organizations.





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  • tikka
    07-04 07:39 AM
    http://indiapost.com/article/immigration/597/

    On July 1, 2007, the Visa Numbers in the Employment-based Second and Third Preferences will become current. The USCIS Service Centers in Nebraska and Texas will be deluged with Adjustment of Status (Form I-485) applications.

    An update on AILA Infonet expresses concern that the USCIS may start rejecting I-485 filings before July 31, 2007 even though, historically, applicants have had the benefit of the whole month to file before the State Department announces retrogression for the following month.

    In fact, the cut-off date for the "Other Worker" was October 1, 2001 in the June 2007 Visa Bulletin. Yet, the USCIS began rejecting I-485 filings under the Other Worker category with priority dates of October 1, 2001 or earlier when the agency was informed by the State Department that the visa allocation for this category had been exhausted on June 5, 2007.

    AILA believes that the rejection policy is contrary to the regulation at 8 CFR �245.1(g) (1), and has urged USCIS to reverse its policy, which it has refused to do so. In any event, June 2007 is almost over, and even if USCIS reverses its erroneous policy later in July, would it still be able to accept I-485 applications that were due in June 2007? In July 2007, the Other Worker category becomes Unavailable.

    Regarding the "Current" dates in July 2007, the AILA Update indicates that USCIS has approximately 40,000 visas remaining in all employment-based categories for 2007, and that USCIS already has far more than that number of I-485 applications in the backlog queue ready for approval. Remember that there was a similar deluge of I-485 filings prior to the earlier retrogression of October 1, 2005.

    If these have already been pre-approved, they will exhaust the supply of existing immigrant visas and there is a likelihood that USCIS may start rejecting I-485 filings before the month of July is over. AILA has not yet predicted the exact date in July when this will happen. Despite the rush to file, one cannot underscore the importance of filing complete I-485 applications. If the I-485 does not contain the medical examination report, it will get rejected as the document is considered "initial evidence."

    The same applies to birth certificates, marriage certificates and other essential documents. It is also important to file with the correct filing fees for the I-485 ($325 + $70 for the biometrics fee). The accompanying I-765 application for temporary employment authorization is $180 and the I-131 application for Advance Parole is $180. It is also important to make full and truthful disclosure of any unauthorized unemployment on the Form G-325A.

    Some may have worked after their F-1 OPT had expired and others may have been involved in self-employment home businesses. The fact that an applicant has worked without authorization for short periods of time should not render him or her ineligible to file for Adjustment of Status. Section 245(k) of the Immigration and Nationality Act protects status violations up to 180 days from the last lawful admission into the United States.

    For example, if an applicant worked without authorization between October and December 2006, and then left the United States and entered on January 1, 2007 in H-1B status, so long as this individual has not violated status for more than 180 days since January 1, 2007, he or she would still be eligible to file the I-485. For those with longer periods of status violations, Section 245(i) may also render them eligible to file an I-485.

    To be eligible under Section 245(i), the applicant must have been the beneficiary of a labor certification or employment or family-based immigrant visa petition (Form I-140 or Form I-130) prior to April 30, 2001. If the filing was between January 15, 1998 and April 30, 2001, he or she must also establish physical presence in the US as of December 21, 2000.

    If one is filing under Section 245(i), the I-485 must be accompanied by Supplement A and an additional penalty fee of $1,000. Finally, it is also important to disclose criminal arrests and convictions, however minor. Of course, those who have a criminal record must seek the advice of an attorney prior to filing the I-485.

    While not all minor arrests or convictions will lead to inadmissibility, some may and it is important to find out whether the applicant is eligible for a waiver. If one is filing an I-140 concurrently with the I-485, note that the USCIS announced on June 28, 2007 that it was temporarily suspending premium processing for 30 days from July 2, 2007 due to the heavy rush in applications.

    Cyrus D. Mehta





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  • gc28262
    06-15 04:22 PM
    Ivar and group,

    ...............................
    My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". ..........................................
    dilipcr,

    Please wake up from your dream. No matter how you want it, outsourcing won't go away.

    Outsourcing companies will always provide a lower cost to client as long as dollar is valuable than rupee ( or any other developing world currency).

    They can do this by one of the following ways.

    Use L1s for client site assignments. Some of these maybe illegal. Still they do it. Client is happy, outsourcers are happy.

    Let us say everybody complains to ICE about this and L1 visas are unavailable for outsourcers. Their next strategy is to change the ratio of onsite resources to offshore resources. Again they will offer a cheaper solution to client. For executing a project in onsite/offshore model they don't need all these L1 guys here. They just need a few managers and maybe some team leads. They can execute the project with minumum resources onsite. Company and client wins again. The only reason they place so many resources onsite is to charge the client at dollar rate.

    If US wants to prevent offshoring they have to ban offshoring explicitly. Doing so will go against the WTO rules.

    To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.





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  • bestofall
    07-30 12:15 PM
    URGENT UPDATE: HR5882 scheduled for tomorrow - PLEASE CALL

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

    House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.

    Majority Members (Democrats)
    Member Name DC Phone
    Luis V. Gutierrez (D-IL) 202-225-8203
    Howard L. Berman (D-CA) 202-225-4695
    Sheila Jackson-Lee (D-TX) 202-225-3816
    Maxine Waters (D-CA) 202-225-2201
    Bill Delahunt (D-MA) 202-225-3111
    Linda T. Sanchez (D-CA) 202-225-6676
    Artur Davis (D-AL) 202-225-2665
    Keith Ellison (D-MN) 202-225-4755
    Anthony Weiner (D-NY) 202-225-6616

    Minority Members (Republicans)
    Member Name DC Phone
    Steve King (R-IA) [Ranking Member]202-225-4426
    Elton Gallegly (R-CA) 202-225-5811
    Bob Goodlatte (R-VA) 202-225-5431
    Dan Lungren (R-CA) 202-225-5716
    J. Randy Forbes (R-VA) 202-225-6365
    Louie Gohmert (R-TX) 202-225-3035



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  • royus77
    06-28 05:14 PM
    right, and the worry (as is also noted in the AILA complaint that someone posted earlier) is that USCIS can consider the update from DOS to be the 'updated' Visa Bulletin.

    There is nothing that prevents DOS from issuing a visa bulletin at any time and making it effective then-and-there. AILA has raised concerns with this, that it is a problematic thing to do, but it seems to be well within the law. I dont think there is a chance of a lawsuit here.


    Even If there is a law suit by AILA and negotiations .bla bla ...if they decide to go for a interm memo , the first victims will be us . AILA will collect money one more time and they will be happy ...





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  • Macaca
    06-28 07:51 PM
    I am analyzing for EB-2 (India). The current date for EB-2 India was Apr 1 2004 for month of June.

    Retrogression started Oct 1 2005. Before Oct 1 2005, persons with PD < Oct 1 2005 (remember PERM) could have submitted I-485. Some (not all remember namecheck) of these would be ready for adj June 1st 2007. These applicants can be divided into 2 categories: those with PD <= Apr 1 2004 and those with PD > Apr 1 2004.

    Applicants in first category will get GC in June and applicants in 2nd category will get GC in Jul. These applicants can exhaust 2007 quota.

    USCIS is taking 3 weeks for notification of 485's submiited in June. I would be very surprised if they process a June submission in < 3 months. So chances of June applicant using GC number are low.

    USCIS knew # applicants in above 2 categories: this appears trivial. If these applicants exhaust 2007 quota, USCIS knew that quota will get exhausted in Jul. The date can be of their choosing since the work involved must be pretty low.

    A similar analysis can be done for any other category. Correct me if my dates are wrong.



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  • jkays94
    05-25 12:13 PM
    http://www.notcanada.com/

    you are much better of in india if you cant get GC in the US.

    If you have a US education or in the alternate the right qualifications you should have no problem getting a stable well paying job in Canada. Its similar to a Doctor coming to the US but not taking USMLE but still expecting to get hired at the same level they were in their home country. I know of non-American friends with US undergrad degrees in Toronto making $95k+. With the Canadian dollar having recently surpassed the US dollar, the value of their pay is even greater now than it was before. If the folks in notcanada.com swallowed their pride used their PR status to get their qualifications up to par with Canadian requirements they would not waste so much time complaining. Its akin to having a car, having the keys, knowing you need to go from A to B, but complaining about the rough road as your number one excuse for not getting there. Those stuck here in GC limbo are in a similar boat, they have the car, they don't mind the rough road, they know how to drive but simply don't have the keys to get in the car in the first place. Bottomline is if one can't make it in Canada it would be difficult for them to make it anywhere else except their home country and the US (where things are relatively easy hence the now disappearing "land of opportunity" as things get tough with the misguided bill)





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  • grupak
    12-13 12:04 PM
    --I think, per country quota system was framed with diversification as underlying principle, not discrimination.

    Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.

    If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.

    This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.

    Fairness or not is not the issue. Question is can it be challenged in a court? Diversity at work place is encouraged through outreach for example. But you cannot discriminate in employment based on national origin. Employers can't put quotas for employee diversity. Employment based immigration I don't think can count because part of the requirement for holding the job is that the employee have a valid work authorization.

    For example, someones H1b 6yrs runs out the without possibility of extension, you cannot cry discrimination from the employer for not hiring you beyond 6yrs. As I said, the employers don't force you to not change job or job title. People don't because they will lose their GC or spot in the GC queue.

    As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries.



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  • Dyana
    02-14 12:29 PM
    Hi Bestia

    I see your PD is Aug 2004 for EB3 ROW, and U already filed I 485.
    I need some help: My PD is also Aug 2004, I'm in the EB3 ROW. When can I start filling I-485? The March VB says 01JAN2005. What is the last date I can file?
    Thanks 4 help.





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  • AirWaterandGC
    05-11 09:22 AM
    Great observations and for once an objective analysis of CA.
    nozerd, what is pmt ? Also did you find out what are the total taxes that one has to pay say on an income of 100000 single/ 200000 married couple ? That would be very helpful if calculating one's take home pay.

    Folks,
    I just got back from Canada yesterday. I am a PR holder landed in 2005. I had gone for my 8-11 yrs H1 stamping. Needless to say this trip I was very vigilant and observant about Toronto. Here are some thoughts.

    1) When you enter Canada they will ask you to fill a customs/immigration form. On the form one question that is asked is " When were you last in Canada" also the form asks for your "current permanant address". So in my case I was last in Canada in May 2005 and I entered last week it aroused suspision. The officer asked me if I was within 2 to 5 yr room. I told him I was and I was using this trip to plan for our move. So after some questioning he let me in. I guess if that date was March 2007 instead of 2005 he may not have questioned me as much.

    2) As far as lifestyle and products there is no products not available there. Every food item and consumer good is available in Canada. The grocery stores and their shelves look the same. Since the population is low most iotems are made in US and imported. Only way to know its a Canadian market is because by law all products need to be marked in English and French.

    3) Malls etc are the same as US. Eaton Center or Vaughn Mills is no different then The Galleria or Katy Mills in Houston.

    4) Housing is what you pay for it. It is definitely more expensive than Texas and Southern US but cheaper than California or NY. Rents are cheaper in run down areas and expensive in good areas ( duh !). In a major commercial area in a middle class building I was quoted $ 1000 for a bachelor and $ 1,200 for a 1 bedroom apt but this was all bills paid.

    5) Jobs are fewer than US. Best thing to do is take a transfer with your company if they have offices there ( I know of 4 ppl who have done that). Basically if you have a US, Canadian or UK education you will be fine but iof your education is purely from India you may have a tougher time. A good option is to find a job in a border city and commute daily ( Windsor/Detroit or Foret Erie/Buffalo). I think this is a very good option if you can get a job in Detroit or Buffalo.

    6) Taxes are high. I was told by many that whatever taxes you pay in US double them. Sales tax is 15% in ON where it is 8% in TX. Income tax is also higher. Higher taxes are a fact of life in Canada (no ifs ands or buts). In return you have a country where there is no fiscal or budgetary deficit and a very well funded social security system ( unlike US). You also have benefits like 9 months paid maternity leave, a pmt every month for every child you have and medical benefits.

    7) Awesome public transport system. Gas is $ 1.04 or so a litrer when I was there. Insurance is expensivbe but not topo bad if you have a US license and good solid 5 yr US driving record. However its ridiculously high for non US or European immigrants.

    So bottom line Canada is not US and comparing it to US is not fair. However its the closesnt to the US you will get in any other country. Its everyones personal decision and no one forces anyone to apply or mopve there. One could always takje a vacation/leave of absense and go try for a job there. Or else work in detroit/buffalo. Now detroit/buffalo is in US can you find job there ??????? or are they doomed too because of proximity to Canada:rolleyes:



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  • chintu25
    02-13 11:20 AM
    Count me in for this law suite action and commit to pay $500 as part of my contribution, please IM me the details and will provide all the details that IV team needs from me...

    Arvind

    Way to go Arvind..... Chandu pls note 2 contributors without even a campaign launch.

    But on the flip side I totally agree with Walkingdude that once IV files a case then it is the end of discussion and everything else. So again consult a good lawyer actually a very good lawyer.....and then decide to proceed.

    We will stand with whatever our IV core decides but lets give it a serious thought





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  • Jerrome
    05-12 02:16 PM
    Just like the jews, tamils practice their culture and language in sri lanka without been discriminated. You don't see Jews armed with weapons asking for part of USA for themselves.

    Don't you know about Israel? Don't tell me tamils are not discriminated in SL. It it outright lie and read my earlier posts with references.



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  • Marphad
    05-19 10:06 AM
    Illusions, Thanks Bro!!

    Marphad, I have posted less than 20 posts in this forum and I have never posted anything anti-immigrant. The most number of posts I have ever posted was in this thread.

    And that was because I saw some people posting misleading information about the Sri Lankan war and I wanted everyone to see at least what I consider to be the real situation. I can't help it if people have trouble listening to different opinions and different sides of the story but this is a public forum and I have the freedom to post what I feel as long as I don't cross the line.

    In any case, I am too happy today to be wasting my time on petty stuff like these.

    Hasta la vista Baby!!!! :D

    Would you consider updating your profile please!





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  • Rohan99
    07-27 04:33 PM
    I think Kushal went to check which 1099 form to fill.... looks like platinum- amway joker told him only the 1st four digits.

    Someone in this thread was saying about Indians landing in USA for the first time were taken immediately to Amway meetings ....that is true

    It happened to me and my roommate within one month of landing. I didn't knew driving nor did my roommate and 2 amway jokers (from same company where i worked) came and took as to the meeting under the pretext of showing us places in US. Once I reached to their meeting place in some hotel, I thought it must be genuine/good business because hotel (I think it was Marriott) was so good (first time to hotel outside india ). Then the presentation started and I could see only Indians, soon after presentation was over other jokers started approaching as but they could hardly speak English, this raised alarm and my roommate said to me how can such people do business when they cannot speak also and we noticed lots of people from one particular part of India. After this we decided to leave but it was hard ...because we had no car and it was very cold outside (8pm) and joker tried to force us to sign the membership else ....indirectly meant you go home alone.... but we didn't sign told him that we will do it latter and since he was from our office he had to drop us back home but after looong--looong wait.

    I want some Amway Joker to say that they don't do this kind of cheap and dirty things...... if you make so much money then why bother others.






    Did he run away with tail between his legs.



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  • Tito_ortiz
    03-20 12:41 PM
    Hi, I experienced similar situation. This is what I did:
    Upon getting my PR and landing in Canada, I got job offer in the beautiful US. I kept visiting Canada every month, I kept bank account active there, I bought a car in Canada and transferred to the US (that was silly, don't do that) etc just in case I needed to prove certain ties to Canada and it would be transfer car to Canada again if I needed to go back.

    Then 1 year passed. I retained my PR just fine. However, when entering Canada, the immigration officer advised that I was going to end up losing my Canadian PR if I start going back and forth. At that point I applied for the Returning Resident permit. I wen to Canadian embassy in Seattle. Lady who attended me was very rude and told me that working in the US was not a valid excuse to stay out of Canada for 2 years. Then I claimed that I wanted to go back to Canada to open business there with my US experience within 2 years. Lady finally said "you guys don't love Canada, you just love the US". From there she signed the Returning Resident Permanent residency paper for 2 years. Now, five years have passed and I guess my Canadian PR status is unknown. I guess I could just return if I wanted. Last week I went there to visit a friend (it was raining like crazy in Vancouver, BC) and I entered the country without any questions. Therefore if you manage to get in, I guess all my PR status would still be valid.
    I also have my canadian PR. I know that I have to physically stay in CA for 2 years out of 5 to keep it alive. My question is if I enter just before my fourth year and live only for one year in CA .... what would happen ? At the end of fifth year when my PR card expires, will I have to leave CA ? Or is there any other visa on which I can move to or is there a way to re-apply for PR in the last year itself ?

    Basically bcuz of the retregression I want to go to CA but I have seen so many -ve posts about job scene that I am apprehensive. Hence was wondering if I can wait till the fourth year and still this GC mess is not solved would it be possible somehow to stay in CA beyond the fifth year.





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  • xbohdpukc
    03-18 12:57 PM
    Get a lawyer to answer your questions, they are beyond any competency floating around these forums.

    And don't listen to all this venting frustration. If you can get yourself a better deal within the limits of the current law -- go for it, and let everyone else burn in hell :)



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  • ebizash
    07-27 02:35 PM
    Nobody is misguiding anyone. Talk to your lawyer and find out. Amway doesn't offer you employment.
    What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.

    Stocks and Investments get you 1099-Div... and that income is not reported on 1040 under Business Income.. Dividends and Interest incomes have their own line items on 1040 (Lines 8 and 9)...The business income is reported under line items 12 and if one makes enough money from the business then there is Self Employment tax - SS and Medicare taxes (Line 56). This is the line item that might get one in trouble with USCIS..You obviously have not filed 1099-MISC yet which tells me that you don't make $600 a year from Amway yet..otherwise you would have gotten a 1099-Misc

    -------------------------
    1099-A: acquisition or Abandonment of Secured Property
    1099-B: Proceeds from Broker and Barter Exchange Transactions
    1099-C: Cancellation of Debt
    1099-CAP: Changes in Corporate Control and Capital Structure
    1099-DIV: Dividends and Distributions
    1099-G: Government Payments
    1099-H: Health Insurance Advance Payments
    1099-INT: Interest Income
    1099-LTC: Long Term Care Benefits
    1099-MISC: Miscellaneous Income
    1099-OID: Original Issue Discount
    1099-PATR: Taxable Distributions Received From Cooperatives
    1099-Q: Payment from Qualified Education Programs
    1099-R: Distributions from Pensions, Annuities, Retirement Plans, IRAs, or Insurance Contracts
    1099-S: Proceeds from Real Estate Transactions
    1099-SA: Distributions From an HSA, Archer MSA, or Medicare Advantage MSA
    1042-S: Foreign Person's U.S. Source Income
    SSA-1099: Social Security Benefit Statement
    SSA-1042S: Social Security Benefit Statement to Nonresident Aliens
    RRB-1099: Payments by the Railroad Retirement Board
    RRB-1099R: Pension and Annuity Income by the Railroad Retirement Board
    RRB-1042S: Payments by the Railroad Retirement Board to Nonresident Aliens
    W-2G: Certain Gambling Winnings
    -------------------------------------

    I sincerely hope that it works out for you as it does for a few..





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  • kaisersose
    02-13 12:07 PM
    I think the US government wanted it this way.

    Back in the 19th century then experienced phases where too many Irish came into the country in waves and then too many Chinese - both of which did not go down well with Americans raising Xenophobia to new levels and causing trouble for the immigrants .

    This is why they decided to get an even mix of people from all countries and prevent a surge of people from any one country. They have no reason not to apply the same logic for the employment category.

    Like an ROW person said on another forum, Indians will find any number of reasons to support removal of country cap, but we can find an equal number of reasons to retain country cap.

    Leaving aside the difference of opinion between Indians and ROWs on this topic, we should also look at which side Americans are inclined to take. Based on History, they would actually side with ROWs on this one.





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  • pappu
    07-02 10:54 PM
    IV Press release

    http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html





    blacktongue
    01-14 10:07 AM
    ABUSING ON FORUM IS WRONG WHETHER IT IS AGAINST A MAN OR A WOMEN PERIOD


    Woman period yes. Man period no.

    You man or woman or nether?





    abracadabra102
    09-03 09:20 PM
    The epitaph,
    "No better friend, No worse enemy"
    fits YSR nicely.