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what is definition of "canadian business".

can we extrpoltae your suggestion little bit more or is it asking for too much

1. once you have PR ask your wife to open a company A.
2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..

can this theory fly...all this assuming no EAD filling in near future

I sure do hope you are right.....because i am in HR boat as well...
BTW Thanks to you and the core team on CIR front...keep up the good work.


Once again, what is with this "Flood" and "too many". Petitions are postal packages. They are not Tsunami waves that would prompt them to shut down their doors to prevent flooding. They did get nearly 200,000 petitions in Vermont in one day. What happened ? Did the mail room clerk drown in fedex ? Were the packages overflowing in the parking lot ?

Guys please stop thinking these logistics, and get a life. USCIS has people who are capable of predicting several hundred mail packages and handling them. They are inefficient and slow but they are not galactically stupid. And if they stop accepting petitions, it wont be because they have received "Too many" because it takes time to define "too many". So chill and try to file it before 31st July.

These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.

Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.

Nope. UK and Pakistan would then join the club of India & China. ROW is an artificial construct. The reason USCIS posts priority dates for India, China, Mexico and Philippines separately is that applicants from these countries are typically, and especially over subscribed. ROW countries are just countries which are not typically over subscribed in the EB category.

So what you are saying, in other words, is 7% limit is for every country in the world (Except USA:)) correct?

Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517



http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html


In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.

The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.

The counter argument to this statement is that when I was hired I was told that it would take 2-3 years to get the Green Card and then you can live in this country. I made certain investments, commitments in this country based on this fact. Now either I stay here as slave or loose on all those things that I did thinking that I will stay in this country forever or for next 10-15 yrs. Some of the problems that tied me to this country are :
1) Buying a house
2) Child education : Child cannot go back to home country and countinue education due to language of instruction.
3) Immovable Investments like 401K and not investing in my own country e.g. PF in India.
4) Making life insurances. I am too old to take a new life insurance as the premium will be too high and I cannot afford to pay my current life insurance as US as it would be difficult to them with my earnings in the home country.

And the list can go on and on. There are the things that habe tied me and I am no longer free to leave. If would have know earlier that the GC will take 10 years I would have not bought a house, left US before my kid started school, might have took a life insurance in home country etc. In fact same argument prevails that why were the dates made current last July. That send a wrong message and people made more investments.

Your above statement is true, but it doesn't apply to EB situation. A slave is not allowed to leave, you are allowed to leave time, at your free will. Its just that you chose not to leave. The correct description of the situation is - you are imposing slavery upon yourself and asking for remedy from the government. Isn't that correct? Jazzy is simply saying that you can leave if you don't like it. So you are not a slave. Its that simple.



Laws are pretty clear, its just that we are stuck in the process created by those laws and we want to call it "slavery".

This debate will have a conclusive output if we think from our mind instead from our heart. No point in getting emotional about the situation, this debate needs pragmatic thinking and discussion about the possible lawsuit.

Slavery is not a valid argument so no point in mentioning it. Also, whether of not we have a cause depends on the law and not on the logic or the emotional aspect of the debate.

Thanks for the clarification. Actually what i meant was, we did highlight to the lawmakers at some point that the points based system is better. I know it was never IV's policy to ask for a points based system.

And yes if the system worked fine, the US is definitely better than aus and canada combined. Money and everything wise. I guess someone on here correctly pointed out that it is the sheer volume of immigrants combined with the fact that there is no real incentive to speed things up. The employer is happy coz there is no need to raise wages and new h1's can always be hired, the immigration attorneys are happy coz they make money due to slowness, the American techie population is happy coz there is no mass influx of tech workers to "drive the wages lower", Anti-immigrant organizations are happy coz once again no mass influx which may lead to "chain migration", the Apartment industry is happy coz if u cant buy u HAVE to rent, and lastly UCSIS/DOL people are happy coz they get more time to review each case. If there is no point to granting you the GC faster why will they? You will pay the same amt of tax b4 and after ur GC. Now in the Canadian system, there is a Fixed Path AND it is QUICK. Both have to go hand in hand. Like one of my friends pointed out, in the US ur spouse cannot work and ur uncertain. In the UK/AUS/Canada, you make less money but we are more secure coz you can both work and we can buy a house etc. Once again this sounds like a broken record, but it is true.

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.
Nuke buddy are you off your rocker. These guys will kill you for even suggesting it. I myselft have taken all kinds of abuses from everyone here and i myself had the presence of mind to not go there. Leave it . That law is the law. Of course it did hurt EB3 but what it did is take the unfair benefit that EB3 was getting because of wrong interpetation of the law. No all that is water under the bridge.

Hi there,

Here is my situation, any help to resolve this is appreciated.
- My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
- My I-485 was approved in July 2007, my wife's was pending due to NC.
- My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
- We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.

They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.

Thanks for your help.

[COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.

Thanks for your response.My attorney sent a letter explaining the situation along with relevant documents.How long does it take to get updated?.It's been 3 week s and i still don't see any updates to the case.
How can i get your contact info?.

Thanks

Hey this is not fair! Someone updated poll options.

Anyways, not a problem. Just teach me how to do it please.

Lets say you have a company. You apply for some-one's labor. The labor is approved. Then the guy leaves. So you have one approved labor. You can then ask me to give you a "gift" of lets say $30,000 and in due course you will employ me in that position. Technically this is illegal, just like it is to take campaign contributions to vote in a certain way...But in practice it is hard to establish quid pro quo in these cases. More so when the person is willingly paying the money and is not willing to turn on the seller. So people who say you can buy LCs legally are WRONG.

Ok got it thanks Amoljak

So then that is the only way one can SELL you an approved LC?

I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.

I plan to convert to a new postition that of Senior Applications Developer in the same company where the job duties will be atleast 50% different from my existing position

But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules

In a democracy people get the leaders they deserve.
:rolleyes:

Difference between Job shops and reputed Companies

Indian body shoppers employ a H1b Persons and many of them are in hourly. No project then no pay. Also because of H1b and GC employer has complete control over the employees about pay and other benefits. No pay in bench is violation of law and both employee and employer are willingly accept that. Because of that employer and employee does not have any risk and employer always make huge profits without exposure of any risk. Employee also does not have any risk of losing GC process. So our body shoppers are attractive destination for GC aspirants.

The companies which follow rules are forced to pay bench or lay off. So both employee and employer are risk of survival. Companies may be under risk of heavy loss when there are too many people are in bench. That means companies which follow rules and regulations are making loss in tough times at the same time Body shops always make money and worst case scenario no loss no gain. Also GC process is uncertain for those who are working in good companies

This inequality was known by everyone including USCIS. So they are coming up with regulations. Some good apples will also be impacted when there is a rule is formed. There is no surprise of opposition as many Indians fear that it may impact them


If one filed I-485, isn't employee-employer relationship comes under a questionmark? what if that company is closed ? And if this memo is implemented, most of the GC filing IT Inc. will be shut down sooner and hence will be a big mess..they are the ones who are supporting for their GC.

You may not be wrong! (Though you are stretching it a bit too far.)
We are not here to do justice. We are all here for our self-interests.

I am eating 3 times a day and looking for the fourth meal. Meanwhile there is a bunch hanging around the kitchen looking for atleast 1 meal a day. The food supply is limited. If i join with those , i might be in a situation of 2 meals a day. Even though justice is done with respect to whole lot, there was some injustice to me. What is then the incentive to work with IV ? Wasn't that the tone of question ?

I am sorry to say that all EB-3 and EB-2 dates have gone back to 2001. Please check DOS site.















*******You want rumor.....I will give you rumor ************

Dear Samay,

Thanks for your quick reply.
One more question, Can I apply for H1B Transfer while my H1B Extension already pending with USCIS and my I-94 also expired. (I have only my EAD and AP valid)

Thank you so very much.

Regards,
Watzgc


You should have got a response from USCIS by now or by tomorrow latest. If not then they will have to refund your fee. Once you get approved, when you travel outside of US you will have to get your H-1 B visa -either in your home country or Mexico or Canada.


Quote:
Originally Posted by watzgc View Post
Dear Sir,

This is my situation

1. Applied for H1B Extension on Jul-10-2007
2. Got RFE on Mar-2008 and replied to RFE on Apr-2008
RFE: 1. client contract 2. last 2 yrs my tax return
3. After Reply to RFE no news from USCIS
4. Applied for Premium processing on Jul-14-2008
5. I485 Pending and having EAD/AP for my family and Jul-09-2008 applied for EAD Renewal

My Questions:
1. Since my H1B expired on Jul-14 What is my status? Can I work till I get my H1B approval?.



2. How can I expedite the H1B Process ? (already upgraded to PP)
3. If I get approval , do I need to go back to home country to get stamping?

Thanks for your time and help.

Regards,
watgc
You should have got a response from USCIS by now or by tomorrow latest. If not then they will have to refund your fee. Once you get approved, when you travel outside of US you will have to get your H-1 B visa -either in your home country or Mexico or Canada.
__________________
=============================================
Immigration Attorney
Licensed to practice US Immigration Law and practice concentrated on US Immigration Law & Nationality Law

Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.

Ombudsman discussed the RFE rates on page 18 figure 7 of the following document:
http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf

H1b RFE rates
Year VSC CSC
2006 12.7 07.1
2007 11.4 11.0
2008 11.8 11.6

It would be interesting to see the new RFE rates, as this memo gets actioned at USCIS.

Best Wishes for all.

Whys is India never an option to go back? After all, the economy is booming isn't it?

Exactly, why is India never an option to go back? Our economy is booming. On July 2 after USCIS announcement, I was ready to go home, I had had enough of the USA.

Many years in US and all we have to show for it is 25 lb bag of immigration papers!! And struggling to maintain status!!

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.

dilip (Loooooser no 1)

If you are really bright (as you claim that u graduated from best college of Rajasthan), then you should not worry about wages. Bright people always find jobs and make money irrespective of how many people are in the market.

I feel that after getting your GC you starting enjoying life and forgot to upgrade your skills. may be you came to USA after doing one month course in Java or COBOL during late 1990's.

There are many more Nick Mandallapas out there selling labor certs to highest bidders for GC.

Nick Mandallapa went to prison, but others are still out there doing it coz most likely, the Dept of labor is not equipped to catch all the labor sales.