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  • aps
    09-23 10:38 AM
    My friend, the purpose of green card is to allow you to convert into citizenship sometime down the road. If you are not ready and willing to spend your saved money in the US and better its economy, then how can you expect the US goverment to help you?
    If you do not have enough money, then you are not paid the prevailing wage or the wage mentioned on the green card. If you do not have a job, how can your green card process still be there arent you illegal already?
    To add to all the above, as nixtor has stated, reduced backlogs help everybody.

    Jayleno,

    You are not really interested in helping, otherwise you would have bought a house and put economy back on track. But you are taking advantage of the current situation. My point is not every body has money at present in hand to buy a house. Every body likes to spend their money and settle down here, otherwise no body would have applied for green card. This plan is proposed all of the sudden and it is not fair. If i consider people, who lost jobs because of this worst market, you are twisting the story by talking prevailing wages and illegal status. FYI, I have potential to buy a home here and currently working and making enough money here. I request you answer the question only, not twist.

    aps





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  • PlainSpeak
    01-13 03:42 PM
    If I were on smoke, coffee or dope or anything else, I would be posting messages of the type you are :).

    Its good to see the tone of your messages seems to have changed from shrieking at all EB3 to fight against EB2 to something a little less absurd.

    Good Luck To You.
    If i remeber correcttly it was all you IV guys (Mostly EB2 and some EB3 too) who were doing all the
    sheriking and teqaring of hair and other stuff.

    To talk like me you donto need to be on smoke, coffee or dope or anything else. All you need is respect for others point of view and courage to stand up for what you beleive and not be intimated by bullies

    My tone was always the same (Albiet i used some strong words in between but that is my fault not yours) and my messages have been the same. If you think about it all you guys who were seeing my messages are now seeing them again and maybe just maybe undwerstanding the intent if not agrreing with me. Which is ok. You cannot win them all.....

    Good Luck To You TOO.





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  • songlan
    08-30 10:15 AM
    I did the PR Canadian immi. myself and got the approval. The process is straightforward . However, I hesitate to go there . From what I heard is diffucult to get IT job.





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  • bkarnik
    06-28 12:46 PM
    Good idea. But I am going to TSC.

    Won't help you...485s are to be filed at NSC irrespective of where you are filing from.



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  • BharatPremi
    12-13 02:16 PM
    The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
    As lazycis pointed out, SC seems to uphold the current situation.

    I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.

    To change the law, we as IV are lobbying and meeting lawmakers already.

    Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.

    Yes. As long as it is established as "law" we can not pursue the solution in a court.





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  • thepaew
    12-13 04:04 PM
    I dont think that the per-country cap on immigration is "Unconstitutional." It may not seem fair to those affected but it does not violate any article of the US consititution. The country has a right to regulate its borders; that is its right. We should try to argue that the policy is counter-productive and harmful - not that it is illegal.



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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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  • amoljak
    10-23 03:12 PM
    Thanks eb3India.

    How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?

    I was reading a lot about the controversy about why it should be stopped etc so i was wondering if someone had any documentation on why it was started in the first place and how it works

    Thanks

    The standard process approved by the DOFSY is that they sell 1500 pre-approved labors on E-bay every year. The Auction starts at 13:34 EST on February 7th each year and continues for a day. Once you buy the labors, there is a lobor subs market just like the stock market. People bid and buy labor certs whenever they need it.

    ( :) Take this post lightly )



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  • amsgc
    12-13 10:08 PM
    It is surprising to me that some, so called high skilled, folks can be so blinded by their desire to get the green card that they are unable to see right from wrong.

    Never mind the pain of those affected by this inequitable system, or if this is technically legal, or whether it can be challenged in court. Think about what you are condoning – an unjust government policy that presumably works for you, now. By advocating an unfair policy today, in the long run you are undermining your own position as an immigrant in this country.

    You seem to be crying out loud - “I am a high skilled foreigner, but I am different, different from them! Look, look at my color, texture, please look at my passport. Oh no fuck that, please look at my place of birth. Skills? Yes we all have them, but let’s not get distracted. I am different - will you please look at my birth certificate, please?”

    Oh I hear ya. But all said and done, you will still be a foreigner to the average Joe on the street, even after you get your green card or naturalization papers. And if things go south, then those unethical policy makers, whom you give a pass today, will find a way to get you – and yes, that birth certificate will come handy. It is important to be united, and stay united.

    To say that the United States has the right to make any law with respect to immigration doesn’t make an unjust law right. Presumably you are well educated and can understand this. And speaking of education – was it your degree or birth certificate that you took to your job interview that set this process in motion? It is counter intuitive to have such a provision where, to begin with, it is your skills that enabled you to get in line.

    Apart from the resounding racial undertone, this policy is also harmful for the society at large. It encourages people to be conscious about their origins, be aware of their differences and the whole idea of America being a melting pot just goes down the toilet.

    I understand it is difficult for some to fight this unfair system, because first you may have to fight and win against your basic instincts. It is hard for us, but this attitude may make things harder for you in the future.

    Lets stay united and open minded, and fight for a fair system.





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  • gbof
    09-15 01:22 PM
    Doing it in the lat quarter could cuase visa wastage especially this year where it is anticiapted that there will be lot of spill over numbers.


    Now, with vast majority (if not almost all) of 07 petitions pre-adjudicated and waiting for visa #s for approvals, it is hard for uscis to wait up-to-end-of-the-year for spill over. Current economy only suggest fewer GC applicants in 09 and 2010



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  • Desichakit
    07-17 12:33 PM
    As per USCIS VISA Bulletin of July 2008. If there is spillover from EB2 to EB3 the it will benefit EB3 India as Visas have to be allocated to more retrogessed country first. Even if that is not that case and numbers are evenly spread even then EB3 India stands to be at advantage. I think EB3 India will benefit from this intrepretation eventually.

    EB2 India 2008





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  • okuzmin
    07-12 12:27 PM
    lordoftherings, I doubt there is a country in the world that would fit all. I also doubt such a thing as "ideal immigration policy" exists. It is always good to have a job offer before you immigrate, but it's ultimately up to the immigrant to find out what it'll take to get on his/her feet in the new country.

    After reading (and watching videos of) all those sob stories on notcanada.com and the like about doctors, nurses, engineers who can't get a job or have to study for years to get a Canadian license to practice, I wonder how much of a research those folks did prior to coming to Canada. If a medical occupation requires studying for additional time and taking exams, then you should have learned about it. If engineers of your specialty are not in high demand, you can figure it out by going through Canadian job postings and contacting employers. If you are not willing to look for a job elsewhere but Toronto, then it's your problem: perhaps in Calgary the opportunities are more readily available. I have a friend in Montreal who owns an IT recruitment company. He told me that they are sending IT folks from Ontario to Alberta, since Alberta unemployment rate for IT professionals is currently at 0.5%.

    Bottom line is: research for yourself, ask different people, be flexible about where you want to live in the new country (hey, it's the country's demands you need to adjust to, not the other way around!) -- this will save you from many unpleasant surprises.



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  • Pineapple
    12-14 03:51 PM
    Yes, Lasantha.. you are right. But that was one of mbartosik's points when he/she was comparing cost/benefit.





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  • swo
    07-13 11:46 AM
    My friend bought a house at the Elginton and Avenue in Toronto for $350K in 1998. The house is now worth $950K.

    My sister bought a house in Markham in 2005 for $265K and it is now worth $325K. That's almost 20% in 3 years.

    This must be the stagnant Canadian real estate market you are talking about.

    The recent growth in the US real estate market is the highest escalation in US history. It is well recognized as a function of the earlier tech bubble and loan availability. Some people are also now expecting severe consequences econonically because of it. Housing is almost certainly likely to return to normal growth patterns moving forward.

    By the way, todays headling on the money.cnn.com homepage is "Housing slump gets longer, and longer ..."

    I'm done debating with someone that comes up with "symbolic examples", is unable to present a single coherent argument, unable to cite statistics, unable to even say they've lived in Canada.

    Good Bless America. And Canada. And Australia. And India while we're at it!

    That was a symbolic example. I meant to say that in Canada Housing is just meant housing not the investment. Here in capitalist market housing is never been a housing alone , prime motto to have housing is investment. If we might be debating this 3 years back on this forum ( In booming Real Estate market, yep, US GC Process was sucker then too :) ) you would not have anything against US real estate market to argue about. And that's the point. Housing market here too has cycles and if you wait out patiently you would have appreciation in a scale that normal Canadian may have to dream about.
    And that is the point. If lending industry seems to be loosely controlled to you in the USA then yes there are ways to deal with it. You have to learn them. In Canada, in your terms, so called "Good loans" has kept Canadian economy "Welfare economy" only. To progress dynamically any country should have economy to be able to have kicks in, and USA market has that capacity. Today you are ranting about bad housing in USA... agreed, but seeing your signature, it seems that you never want to leave USA and with your claim "to love USA", I believe you will still be around here for years debating with me.. (wait, let me go grab a cup of cofee.:) .. I also need "Dynamic Kick" to debate with you) , I will be able to show you how much appreciation average american can have on average home. Did not you hear NPR yesterday? Housing market is coming back. Now housing is always the prime factor in any economy and so I choose that example. More or less it is true for every industry except oil in Canada. And mind that this forum is not to prove where the housing is better and so I do not want to go into minute statistical detail but most people in Canada and USA except yourself would agree with me.



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  • cygent
    12-19 05:06 PM
    All,

    I have created DIGG article for this, Please digg it.

    http://digg.com/business_finance/How_to_Solve_the_Housing_Crisis_Let_in_More_Immigr ants_to_B_2

    Add this/your comment that involve the backlogged legal community already working in the USA, instead of more H1's. Thank you!

    ******

    Why is Gary looking outside of USA to tap potential home buyers? Just for folks who aren't aware - there are 500,000 high skilled legal immigrant already in USA who are waiting in queue for numbers of years to get their Permanent Residency. Thanks to the limited visa availability based on country chargeability (birth of applicant) and inefficiency of immigration system, these highly skilled, tax paying and law abiding immgrants are waiting for their Green Card (Permanent residency). Some of them have studied here, worked here for years and US is almost a second home to them. They are sitting on pile of cash, Yes - PILE OF HARD CASH. They wouldn't buy house or any big ticket items until they get Green card. Why not give these people, who are already part of our system, conditional Permanent Residency who buy houses. This will also get us immediately required cash and home inventory will go down as much as 300K at minimum. P.S. I AM TALKING ABOUT HIGH SKILLED LEGAL IMMGRANTS AND NOT ABOUT ILLEGAL IMMIGRANTS.





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  • nozerd
    03-19 05:36 PM
    You would be taking a big chance if you are out for more than 3 out of the 5 yrs. They will still allow you to enter but ask you to go for immigration hearing and then its up to the judge.
    Instead why dont you do this
    1) Start building Canadian resume, get a canadian number and address and start sending resumes.

    2) If there is interview go attend the interview

    or
    3) Take your annual vacation gothere for 3 weeks-1 month and see if you can make inroads.



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  • angelfire76
    01-14 02:12 PM
    The memo is not very clear with respect to the employer-employee relationship. Most of the IT companies nowadays have moved to the contract model (e.g. IBM makes more money out of contract implementation of its own products or project implementation of other products, than from the sale and licensing of its products).

    An argument can be made with the direct contract vs second-n level of contracts, but the memo is very generic and open to interpretation by an adjudicating officer (has anybody seen the minimum qualification required to get a job at USCIS as a case officer: its high school diploma).

    An out-of-touch bureaucracy trying to tell corporates how to run their business is laughable at best. Of course I'm all for reducing and eliminating these middle-men, but by doing so the door's wide open for the mass offshoring of jobs.

    The clause is still confusing: Infosys, CTS etc. also follow the "staffing" model as they don't really have in-house products that they implement at the client site. But you don't see their H-1Bs being denied. On the contrary USCIS is being very generous with the EB-1 GCs for the employees of these companies.





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  • _TrueFacts
    09-04 08:12 PM
    I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,

    Kanaka

    We should discuss JP. We should invite him to this forum to answer certain questions.





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  • suhanya
    08-12 02:15 AM
    I am doing an employer change - HtoH transfer.

    Do I have to wait for the H1 transfer approval or is the receipt good
    enough for me to travel abroad? Do I have to get my new H1 stamped
    before reentering? I still have the dates on my old h1 (from AMD)
    valid on the stamping on my passport - will this suffice? Please
    explain.

    Also my Advanced Parole is on its way. Will I be able to travel on EAD
    and AP, when my H1 transfer is being filed? Can I still hold on to my
    H1 status, if I traveled using my AP?


    Regards,
    Suhanya.





    la6470
    01-16 03:10 PM
    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.

    I am posting this again because I want the discussion to focus back on what is really important and not soothe someone's personal ego.





    Macaca
    02-19 10:36 AM
    IEEE-USA (http://www.ieeeusa.org/policy/issues/H1bvisa/index.html) is saying exactly the following. As you can check, it is very influential on the Hill.

    b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.

    c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
    Atleast, not if you are America.

    Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.



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