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Do I need to keep job or Stay in USA once I-140 approved ?? Reason I am asking that my I-140 is approved but my PD is not current and also got my Canadian PR too. If I move in Canada and see what possibilites available there for me and come back in USA when PD is current or file consular process from Canada whenever PD is current. .. what do you guys think about it ?? Any thoughts or feedback ??

Thanks in advance

So regardless of what August bulletin says, USCIS can just, on a whim stop accepting 485 petitions in Mid July just because they have received "Too many" and the mail room clerk is tired ? I dont know but it really does not sound like something USCIS can do on a whim without publishing a change in the rule first.

I agree with you. To bring the dates back USCIS would have to accept application for atleast next 2 weeks. Then, they will have to open and count all the application based on country. After that, they will calculate Aug/mid-July retrogression date. It does not sound like they will do it in mid-july, but for august they can do whatever they want in their visa bulletien.

This is jusy my assessment. I didn't get this from anywhere.

hello bobzibub,

great to see someone welcoming immigrants. My wife is a dentist, licensed in one state of the USA. However she does not have a US DDS. She was licensed by the state as she has great experience and she passed all the tests needed. She has been very well practising dentistry for almost 2.5-3 years now in the US. However, Canada does not let internationally trained dentists get licensed without going to Canadian/American dental school. If you know of any place in CA which would license my wife as she has more than 7 years of exp (4+in India, alomst 3 in USA) and had passed all exams (Board, licensing etc etc), please let me know. That is the single most imp reason for me to still hang im here.

As a Canuck:
It is an honor that you folks choose my country to live in.
Temporarily, or permanent, I hope it works out.
Every country has its warts. (Mine has them too) but the immigrants to a country are what give it life.

For the Doctors, check out some rural areas various provinces. I think they have programs that ease the regulatory burden.

Welcome!
-b

I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.

It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.

I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.

Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.

As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".

At the end, first-come first served should prevails.

Again wrong information by you and trying to hide background or historical information. Either USDOS/USCIS has not mismanaged the numbers in 2005. Claiming India and China was given more than they entitled to is wrong . They (DOS) did everything right till 2005. Now only they are violating. One has to study the historical issues before 1999. Before 1999, both India and China (both EB2 and EB3) were retrogressed heavily and backlogged. However ROW was current in all EB catagories. There was no retrogression in ROW. It was always current before 1999.

For example, here is March 1999 VB

All Charge-
ability Areas CHINA-
Except Those mainland
Listed born INDIA MEXICO PHILIPPINES
Employment-
Based

1st C 22JAN98 C C C

2nd C 08SEP96 08SEP97 C C

3rd C 01JAN95 08FEB96 C C



As a part of AC21 act in 2000, the unused numbers (about 100,000) were recaptured to eliminate the backlogs in EB categories. The reason was this recapture to remove retrogression in India and China, as because that was only two countries backlogged at that point.

After that ac21 law, there were additional 100,000 visas available apart from 140,000 visas every year. DOS has given 100,000 additional visas to USCIS in 2000 itself to consume it. Because of USCIS slowness/inefficiency in processing 485s between 1999 and 2004, they even did not have processed the yearly quota. Therefore the recaptured visas were remain unused for 5 years because of USCIS inefficiency. Therefore, at some point, it has to be consumed. Therefore USCIS did backlog elimination drive in 2005 (6 months processing of 485s ) to use all the recaptured visas. The original intension to remove backlogs in India and China. That was done by USCIS. USCIS can not hold that recaptured numbers for ever (by imposing 7% limit in India and China) how the future demands will be in EB3-ROW. Far example, if ROW demands 200,000 EB3 visas in year 2020, USCIS/DOS can not hold that AC21 numbers (that were recaptured in 2000) for ROW to be consumed in 2020, by imposing 7% limit. No one can anticipate future demands.

Theoretically speaking those numbers belongs (AC21 recaptured numbers came only from EB1 and EB2 pool) belongs to EB1 and EB2 category. EB3 never gave any unused numbers in previous years. Ideally speaking, those numbers should have been issued to EB2 category first to eliminate backlogs in EB2 then only to EB3 ROW. Infact, all the ac21 numbers were used to eliminate retro in EB3 only. In 2005 they issed only 44,000 EB2 compare to about 150,000 visas in EB3. This is big injustice to EB2 India and China.

Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.


I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.

It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.

Very well said & I just feel the same...I have already lost hope on this GC and can not predict how long its going to take but for sure before I leave this place and go back to home country I will contribute my best of share in this fight for justice and full support...count me in with out any doubt!!

If at all anything would work for recapturing of visas, its going to be lawsuit. There are already 155 ppl supporting lawsuit and saw ppl in are also thinking of lawsuit. I am sure there will be many more to support lawsuit. If we don't try for recapturing of visa nos, India EB2 ppl will be stuck forever, even for ppl with earlier PDs (2001-2003) it won't be before 2010 or 2011 that they would get their GC.

I am a CP case(EB2 india, PD dec 2002, my case is stuck in mumbai consulate), so maybe I can't be a petitioner in the case, but beyond that in regards of monetary support, helping in research etc, count me in.

You are lucky to run away from INDIA, and have good health coverage and forgot about corruption. ;)

JUST WORRY ABOUT GREEN CARD.:mad:


You think you are here because of your merit. It is not my friend. My relative, who is a Doctor came here in 1940's and did higher studies, have to return back to India, because at that time USA will not give permanent residency to Indian citizens. Only whites will get GC during that period.
Only after 1965 GC is offereed to every one irrespective of color.

So you are LUCKY to born during this period.

NOW YOU KNOW ABOUT POLICIES OF GOVERNMENT. GOVT. POLICY DETERMINE THE DESTINY OF THE PEOPLE.

RAJIV give Science a boost.. PVN. RAO did open the ecomony (eventhough he is corrupt, he did a good job for India). Many Engg. Medical colleges started in late 80's and 90's.
That is why the India developed. Many people did education in in Engg. and can come here.
Before in Kerala only 6 Engg. colleges. Now there are more than 70 Engg. colleges and more than 15 medical colleges.
Same happened to many Indian states including AP.



THE DOMINATING EVIL OF BLACK MONEY.
In the case of India, recent estimates of INDIAN (BLACK) MONEY outside India (in Countries like SWITZERLAND, )reached Rs.7.5 Million Crores (About US$1,500 Billion). Laying hands on this (Black) money is not in the power of the Indian Government.
Black Money circulating inside India appears to be no lesser in quantity than the outside component mentioned above.
Black money and corruption that can spread into the hitherto respected institutions like Judiciary, the Army, and the Bureaucracy in India may, one day, by moral degradation lead to a failed state. Black Money lends free access to the Criminal, Antinational, and Antisocial elements going beyond the control of the laws in place.
To-day’s civilized world has accepted the phenomenon of hiding money in Swiss Banks as “NOT ILLEGAL” obviously because the CREAM OF SOCIETY in the world owns that money. ……..
Government of India is not able to help honest, sincere tax payers particularly middle class families in the matter of providing quality Education, Healthcare for their families at reasonable cost. Education and Medical have become Biggest Money spinning businesses in India now. One has to shell out Rs. 30 to 50 Lakhs for a MBBS seat and about Rs. 5 to Rs.10 Lakhs for an Engineering seat in good colleges. How can middle class people can pay this money?. They are deprived of good education though, they pay taxes honestly and sincerely to government. It is really unfortunate. For people who have block money, these things do not matter
If you have to do business in India, IN ADDITION TO ALL THE OFFICIAL TAXES MENTIONED, LOT OF BRIBES ARE TO BE GIVEN ALMOST TO EVERY DEPARTMENT IN CITY (CORPORATION), STATE (PROVINCE), AND ALSO CENTRAL GOVERNMENTS. Some examples are: Police, Municipal officials, Electricity depat.officials, weights& measures inspector, Rowdies & Goondas, Political contributions, Subscriptions/Donations to RELIGIOUS GURUS ETC.
ALL MOST ALL THE CORRUPT OFFICIALS ARE CALLLED "PARTNERS IN BUSINESS WITHOUT CAPITAL AND COMMITMENT BUT FORCEBLY TAKE A PART OF PROFITS OF BUSINESS".
"CORRUPTION IS A WAY OF LIFE IN BUSINESS"
If you have to run a big company, you have to bribe many more officials. For some type of officials, WHO DO NOT TAKE CASH AS BRIBE, "GIFTS" ARE BEING GIVEN (GOLD, DRY FRUITS, VEHICLE DROPS, GUEST HOUSES ETC.) ON VARIOUS OCCATIONS, FESTIVALS ETC. ANY THING CAN BE DONE EVEN IN TIRUMALA TEMPLE, EDUCAIONAL INSTITUTIONS, MEDICAL PROFESSION WHICH ARE CONSIDERED TO BE HOLY PROFESSIONS.
THE AMOUNT TO BE GIVEN AS "BRIBE" IN BURIAL YARD(S) IN INDIA, WHEN A PERSON DIE, FOR BURNING THE BODY, FOR GETTING DEATH CERTIFICATE, (THESE ARE IN ADDITION TO OFFICIAL FEES PAID TO MUNICIPALIIES FOR BURNING THE BODY FOR FIRE WOOD ETC.). The amount to be spend after death in India now comes to Lakhs of Rupees for doing all types of cermonies, merging ashes in Ganga at Varanasi and other holy places, giving gifts/charities to pandits, giving advertisements in newspapers, arranging feasts BHOJANALU to thousands of people (so called relatives), friends. This is in addition to LARGE SUMS OF MONEY PAID TO DOCTORS FOR SO CALLED CURING OF SICKNESS.
In many cases, many middle class people becomes BEGGERS/PAUPERS after getting into hospitals, nursing homes etc. just before dyeing.

Which of the above are not needed for dependents?

All of them are needed for dependents. In case your dependent is not between 14 and 79, then no need for biometric fee.

I should have mentioned that I-765 and I-131 are optional documents - you are not required to apply for EAD and AP.

Also, the validity of photogaphs is 6 months, and that of the medical exam is 1 year.

An excellent idea so far from any member. This can certainly make govt/congress serious about EB issues. And if govt really goes ahead and does something as mentioned in the post, it'll benefit current GC waiter homeowners to get their GC fast and also persuade GC waiters who are still on fence about home buying decision.
I fully support this effort.

I have heard the opposite. In fact one recent story I heard , was the guy applied in EB1 as International Manager and got his GC in 6 months. Again the company applying is Cognizant.

Maybe the source u heard from is someone from Cognizant itself or supporter of Cognizant whose trying to cover up and trying make sure that no one reports about their misuse of EB1, so that they can continue to apply in EB1. This is a high possibility. So when you hear such news do not believe it completely.

Morever H-1Bs are rejected for lot of companies. So cognizant is no exception to that. Regarding the EB-1 GC holders being deported , I find that really hard to believe.

Its perfectly legal for Cognizant to apply for EB1 for a Manager on L1A. Salary may be peanuts , and that cant be a basis of discrimination.

I don't even see a misuse, if you job duties are same as what is told to USCIS for L1A, You can easily get a GC in 2 months.

Which law states, getting GC using EB1 , on L1A is not allowed, In fact it is , and that's why people use it.

Finally an honest admission. You finally say there are more Indian and Chinese here because they have huge population.
If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.

I am not saying that there are more Chinese and Indians here. I am saying that application process is not fair since it does not give everyone a fair shot.

I am saying if more highly skilled Chinese and Indians apply for the same job,no cap should prevent them from immigration. If there FIFO ( First In and First Out), how will ROW suffer ? Can you explain ?

Met this dude once in a grocery store, he and his hot wife gave me the amway speil. I said listen buddy give me a time to visit your house and number. I called him and we played phone tag, one day I called and his wife picked up, i ASKED IF i could come, she was hesitant and said he was out of state for a conference but I convinced her that it's ok. When I arrived I brought a bottle of wine and then she was all over me in 5 mins. Sigh what a wonderful time....

Sounds like a fake story???? Or may be true. But is very very funny :D

well i think we have solved all our immigration issues, i waish if we all concetrate our efforts on solving our issue, if we all try we have chances of succeeding ...if am surprised that we all are stuck in backlog and only 2-3 % take participate in real issues...not sure what is rest of us waiting for?

Durbin/Grassley bill will check them also. But it will impact some good people also. We are opposing that because many of IV members may be impacted by that. Also most IV members feel that bill is conspiracy to eliminate h1b program. There is no easy solution for these issues. If they relax the rules fraud will increase and if they tighten it then some good persons also impacted. So the fight will go on forever. But economy will decide future of H1b and immigration. You cannot prevent restrictions if employment growth does not return to normal levels. But restrictions will not block H1b program but will bring best people in the world.
Whether you like it or not...they cannot save the job by restricting the H1/L1B... simply the job will fly to offshore. First they need to fix the GC black hole� stop harassing people before they are enforcing the rules. Then no one needs to work for consultants

http://www.murthy.com/news/n_repatt.html dated March 2006

I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.

End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.

clochhead@sfchronicle.com.

Its not the question of economy alone. When deciding to go back. Its a question about convenience.

a) I don't want to stand in line to pay my Electric/Telephone/House Tax/Income Tax/Train Ticket/Air Ticket/Bus Ticket/Children Admission-donations/Petrol Line/LP Gas Line/Restaurant Line/Chola Bhatura Line/Samosa Line/RTO Office line/Registration line/License Line/Stock Buy line/Stock Sell Line/Bank Deposit Line/Bank Draft Line/Fixed Deposit Line/Kisaan Vikas Patra Line/Registered/Speed post Line/Blue Dart Line/Company registration line/College admission line/College fee line/University degree line/Interview Line/Booking a Car line/Beer Whisky Line/Canteen Line.

Half the country stands in line, the other half manages the line. Neither has any civic sense.

b) I don't want to bribe babus who manage above lines to get ahead in line.

d) I don't want power failures/cooler failures/ac failures/broken roads/or other catastrophic system failures.

e) I dont want fake or mixed eating oil / flour / milk / cheese / butter / peppers / lentils / rice

f) I don't want dangerous chemical fertilizers in my produce (slow killers - massive kidney failure rate in India for past 10 years)

g) I don't want to teach my children dishonesty and tricks of survival/street smartness (in ref to corruption in India) which don't add any value to their personality.

h) The only reason I would wanna go back is for my immediate family and friends. Thats the only thing I miss when it comes to India.

I wouldn't go back and I believe even MK Gandhi himself would'nt leave from Africa for India in todays times.

Also Its the enemy within (corruption) which can cause great harm and we have that kind of enemy now. You can never ever change the attitudes which people carry in India without another revolution.

I am sure I can come up with a huge list of positives too, They will sound very good and will give me a great feeling of fake National Pride.

Now go ahead and kill me for saying all the above.!!

Good job guys.. Lets try to get in touch with NPR asap..Also help Mecaca with whatever he need.

I got very stable news that only July 485 applications will get approved

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

Well, here�s some more stat : Base on GC allocation of FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV(Part2).pdf ),

EB1 India got 5,327 visas , EB2 India got 14,818 and EB3 India got 3,576 even though the quota was 2,803 for each preference.

As an example, I-485 pending for EB2 and EB3 India before 2006 are 17,835 and 46,334 respectively. Everything else being equal, you can take a guess how long it would take based how old the report was. Even if the report is from yesterday to be pessimistic and there are nuances, it gives some approximation unless the interpretation is totally wrong.

Thanks for posting this. Lets see how visa allocation worked for 2009. Based on 2008, things do not look as rosy. Only 14.8K visas in EB2-I. If perm speed improves then the spill overs will also reduce.
Surprising South Korea is not in oversubscribed countries. It received 7.2K EB2 visas.
I thought South Korea should have been retrogressed. Well when do we expect fairness from USCIS ? They seem to follow class system : ROW, china, other over-subscribed, India in this order !!