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  • met3259
    07-18 04:40 PM
    i was reading http://www.immigration-law.com/Canada.html just now,
    and I know that each year only 140000 green card is allocated for EB category.

    I have several question regarding this number/quota:

    1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?

    2. I keep hearing of this 7% cap for each country, what does that mean ?
    does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)


    thanks in advance :D

    Let me guess - your PD (that is somthing we call a Priority Date -- the date you applied for LC (Labor Certification)) was YESTERDAY?????





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  • makino_a55
    01-29 08:24 PM
    From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months;



    what does it mean to us ???
    does it mean PD will move ahead and move back , once the 245(i) cases are out of the back log centers ??

    Or does he think that PD will move beyond 22nd April 2001

    Any thoughts ????





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  • guitarbam
    01-24 10:40 AM
    just got my Labor approved a couple week ago and now i want to file I-140 premium processing. But my lawyer's not allow me to do that coz once my I-140 approve i can't file my 8 th year extension. My 7th years H1B will expire on Aug 30, 2007.

    I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.

    FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?

    Please help and Big thanks





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  • ameryki
    04-13 08:44 PM
    saloni,
    something this big will effect your status. Once you form an LLC or something on those lines using your EAD it is my understanding that you will lose your H1 status. This is just from what I have understood from reading around here. You might want to consult a lawyer. Also you might look at posting this in a different section.



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  • shimul99
    09-20 04:15 PM
    is there any possiblity that the EB3-ROW from Bngladesh become current soon. can you tell any approx.....days. What about in October....i heard that the new visa will be available in Oct every year. Is there any quota for different countries....??????? thanks again

    your application will be accepted and processed (since you applied when your date was current), but it cant be approved until you are current again. So you can keep getting/renewing EADs/APs, security and background checks will happen etc, but no final approval until EB3-ROW becomes current for your PD.





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  • wanaparthy
    03-24 01:59 PM
    -



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  • kirupa
    04-24 09:56 PM
    The new ones do look much better! I really like your 2nd New one :)





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  • GCHope2011
    09-07 04:33 AM
    Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.
    I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.

    If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.

    Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.



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  • coolguy972
    02-07 01:45 AM
    We legals who are waiting in line have another setback with news like below

    Illegal immigration: Influx of immigrants from India baffles border officials in Texas - latimes.com (http://www.latimes.com/news/nationworld/nation/la-na-border-indians-20110206,0,3295315.story)

    last week we heard about Trivalley.

    eb-3 -> eb2 seems like a minuscule problem now.

    We are self destructing ourselves by making US gov loose complete trust on indian credibility with few of the above among hundreds of nuances we are causing.

    If you are like me.. always following rules.. light at the end of tunnel seem to be diminishing very quickly than what we thought.





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  • sivaramakrishna
    07-09 10:50 AM
    Happiness is Important in Life.We should live there , where we feel happy.Again what makes a person happy depends on that individual.We should be able to differentiate between Real Happiness and Pseudo Happiness.



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  • prabasiodia
    08-07 08:55 AM
    Issued in public interest

    Ever since Department of State (DOS) has issued visa bulletins having significant progression of something, what is known as a priority date in certain categories, COLTS has made a comeback to the immigrant community.

    For the uninitiated, COLTS stands for Compulsive Obsessive LUD Tracking Syndrome. Surprisingly, it is somehow associated with DOS's monthly visa bulletin and often lags the bulletin by 15-20days after the issuance of the same. It's highly contagious. The only antidote to COLTS known to the humankind is CPO, Welcome or other such emails from USCIS. It doesn't go into full remission until a physical GC is to the sufferer's hands. COLTS as a epidemic generally subsides when DOS severely retrogresses what is known as a priority date but raises its ugly head when the same progresses again.

    The symptoms of COLTS is several. The sufferer is often seen logging to the USCIS.GOV site with increasing frequency and making status searches every few minutes. It raises the level of angst when the antidote (as explained earlier) is not received. Sometimes it proves to be a predecessor to other syndromes such as CUPOJMS (Calling USCIS by Prince Of Justice Method Syndrome) , OSRS (Opening Service Request Syndrome), TIAS (Taking Infopass Appointment Syndrome) and CYCS (Contact Your Congressman Syndrome). The good news is, the antidote can correct all these syndromes at once.

    Immigrants from ROW (Rest Of World) seem to be immune from it. But immigrants from highly subscribed countries such as India and China have been found to be particularly susceptible.

    The last time this epidemic was of such ghastly proportions was in 2008 and that time too, it was known to lag the DOS visa bulletin which had significantly progressed the priority dates. Since the connection between the bulletin and the syndrome has already been proved beyond doubt, it's very surprising that DOS has not learnt its lessons and instead of slowly progressing the dates which will desensitize the sufferers, it is still progressing or retrogressing the dates by months, sometime by years.

    Your truly has the fast hand experience of suffering from the syndrome. Being abused and victimized by the visa system in early immigranthood, he developed the syndrome with the issuance of August 2010 visa bulletin. Only after the antidote arrived on August 3rd, did he made a sound recovery and was able to pen this.

    The immigrant community is advised to keep it under check and wait till the antidote arrives from USCIS.





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  • sankap
    07-20 02:36 PM
    Yes, we've been using our marriage affidavit all along--including for getting PR and citizenship of country X.
    hey, so you got h4 by just producing marriage affidavit and not marriage certificate?



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  • sprobir
    09-23 12:19 AM
    I would be willing to join your chapter too - good we are doing something in Oklahoma. I will email you at raydhan@hotmail.com





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  • ragz4u
    01-25 11:53 AM
    What is lobbying and is it legal?
    As per the definition at Wikipedia, Lobbying is the practice of private advocacy with the goal of influencing a governing body by promoting a point of view that is conducive to an individual's or organization's goals. more information can be found here http://en.wikipedia.org/wiki/Lobbying

    It is 100% legal and is in fact the preferred way of getting things done by most corporations. Corporations like Microsoft, Dell, Yahoo, Google etc have all used lobbying in the past and in fact I would go as far as saying that every Fortune 1000 firm has used lobbying at one point of time or another. Just search for any company name and the word lobbying on Google and you'll see what we are talking about

    What has lobbying got to do with the Immigration Bill?

    As we know from part III, Senator Specter will be creating a markup of the Senate Immigration Bill. This may/may not contain the provisions that the immigrant community is looking for.

    The differennt bills that are being considered for the markup are McCain Kennedy bill, Cornyn Kyl bill, the Chuck Hagel Bill and a few others

    This document by AILA compares the various versions of the bill in different categories http://www.shusterman.com/pdf/immreform106.pdf. This also considers a markup of Senator Specter which is unofficial at the moment. This means that until it gets officially presented to the Judiciary Committee for review, it could change anytime.

    This markup already seems to contain the provisions we need, what are we still worried about?

    If you have read my post on S.1932, you would know that a bill can be amended at multiple stages.

    1) Senator Specter could change his markup, after all he has not come out with an official version. Do not forget that the link above refers to an unofficial version of the markup. As per unconfirmed reports, the Chairman's markup could be out anytime between now and mid-march and a lot of things could change in the mean time

    2) Assuming that the markup does contain the provisions that we as immigrants are fighting for, any judiciary committee member can propose an amendment to the bill which could result in a an unwanted change. A case in point is the amendment that Senator Diane Feinstein proposed during S.1932 which reduced the increase in H1B visas from 60,000 to 30,000. Imagine if a senator brings in an amendment that strips off all the provisions for legal immigration!

    3) If the bill does not have strong support within the Judiciary committee, it could be voted out and it becomes history

    4) Assuming that the bill passes through the above steps, it is presented to the full Senate for a debate and vote. Here too any member of the senate can propose an amendment to the bill and the house votes on it. A case in point is the Byrd Amendment which was introduced by Senate Byrd from Virginia which sought to drop sections 8001 and 8002 from the S.1932. This was defeated by the a margin of 84-15 but remember that if it had enough support, S.1932 would have ended here

    5) Once the bill passes with the immigration provisions in the Senate, it is presented to a joint conference committee where a few senators and a few congressmen deliberate on which sections to include int he conference bill from among the House bill and the Senate bill. Remember that the house bill has already been passed (HR.4437) and it does not contain any immigration provisions. The House members could again force the senate representatives to drop the immigration provisions. The S.1932 bill's pro-immigration sections got dropped precisely at this juncture

    So as can be seen, there are various stumbling blocks towards achieving a favorable bill.

    The only way we can ensure that the pro-immigrant provisions do not get ignored or sacrificed is by lobbying. By lobbying we can ensure that the right folks at the right places can understand our concern and empathize with us.

    A lobbying firm can ensure that we send a consistent and effective message to the right people. As mentioned earlier, some of the lobbying firms have ex-Congressmen and ex-Senators on their boards. These folks have a great working relationship with the current senators and congressmen. These lobbyists can not only get our issues be heard by the powers, they can possibly influence them by using some political capital

    Why can't we just contact the lawmakers directly and tell them about it? Why spend money for lobbyists?

    We can definitely try doing this ourselves. This is a free country and nothing stops us from doing so. Unfortunately the effectiveness of such a method is questionable.

    During S.1932 proceedings, many members of this forum contacted their local congressmen and senators and asked for appointments. Many also conveyed their views to the staff and many also faxed their views in. Unfortunately the bill passed without the pro-immigration provisions. The message was not conveyed strongly enough and it was conveyed as individuals and not a group.

    It was realized that unless we present our case the way Washington, DC is used to seeing it (by hiring lobbyists), the message will not get through.

    Lobbyists have direct access to the actual congressmen and senators while the most we can hope is getting a key staff member's attention.

    A lobbyist can influence a house member, while we can only hope that the staff members pass our views to the house member.

    We do not know which members are really the ones to target and key decision makers and we might end up concentrating on the wrong house members. A lobbyist can help us identify these key members.

    All in all, a lobbyist can help us use our energy in the right way and not end up wasting it doing frivolous things and ultimately help us achieve our dreams

    And do not forget that some of the anti-immigration groups like numbersusa already have full time lobbyists working for them in DC. If we are to even put up a decent fight against these very dedicated anti-immigrant forces, we need to get help from a professional lobbying firm



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  • modvik
    05-25 07:45 PM
    It was in Cornyn ammendment.


    Did the Cornyn Amdmt make it into the bill?





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  • sundar99
    02-18 12:14 AM
    I suspect there may be a backdoor to it



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  • tempy
    09-22 09:29 AM
    Thanks Pagal. I guess I'll wait for it to resolve. I don't know why USPS sends back this mail while delivering that all other mail.

    Thanks,
    Hello,

    The cards and notices for my family did multiple rounds of 'undelivered' mail .... ...





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  • rkat
    02-07 03:47 PM
    Thanks again for all answers - Another Q that i had is - i am applying for a extension of my H1 Visa. My current validity is till June 2008. My 6 years will be completed in August 2009. I have a approved I-140!

    My Q is - can i apply for a 3 year extension right now based on my 140 approval.? That is - can i extend H1 from July 2008 till June 2011..?? OR do i have to wait to complete all 6 years till i can use the benefit of the 140 approval for H1 extension?

    Thank you!





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  • STAmisha
    11-17 07:28 AM
    Please share your experiences with this conversion?

    what is the procedure?





    styrum
    01-23 11:47 AM
    Thank you for contacting me regarding the immigration debate in the
    U.S. Senate. It was good to hear from you.

    As you know, in the 109th Congress, the Senate considered changes to
    immigration law. These efforts would affect more than just undocumented
    workers here in the United States � it would affect every American in
    one way or another.

    I supported the bipartisan Comprehensive Immigration Reform Act of
    2006, S. 2611, when it was considered in the Senate during the 109th
    Congress. This bill would have provided many new provisions for border
    security and enforcement and to address legal and illegal immigration. The
    legislation would have provided funding to reinforce hundreds of miles
    of existing border fences and establish a �virtual fence� comprised
    of cameras, sensors, automated aerial surveillance tools, and other
    security measures. The bill would also have authorized funding for
    additional Customs and Border Patrol agents to assist with security efforts,
    and required employers to have a system to verify the required
    documentation from potential workers. S. 2611 would have increased the number
    of visas for high-skilled workers, including those who have earned an
    advanced degree. Finally, the bill would not have allowed for amnesty,
    but it would have provided a meaningful way to address the legal status
    of undocumented workers who currently live in our country.

    Under the Senate proposal, undocumented workers could have earned legal
    status after completing all the requirements to begin to adjust their
    legal status. These requirements include filing an application, payment
    of all fines, fees, and back federal income taxes, and providing proof
    of being physically present in the United States and being employed for
    five years prior to the bill�s enactment. Undocumented workers must
    then continue to show proof of employment and being present for at
    least six years after the bill would have gone into effect. Individuals
    must also demonstrate basic citizenship skills, pass security and law
    enforcement requirements, and complete Selective Service registration
    requirements.

    As you may know, the comprehensive immigration bill passed the Senate
    on a bipartisan vote with the support of the White House. The House of
    Representatives passed another version of immigration reform that
    emphasized enforcement only. Instead of meeting in conference to negotiate
    differences in the respective bills, the House held a series of public
    hearings around the country, and refused to meet with Senate
    negotiators, and the 109th Congress ended without this issue being addressed.

    I believe that we need a comprehensive approach to immigration reform.
    Enforcement is important, and securing our borders is important. But
    if we focus only on enforcement and border security, then we will only
    have addressed part of the problem. Many of the current proposals are
    unworkable and would ultimately cause more harm to our economy and our
    country. Our immigration policy should also provide positive change for
    the future of our country. We should make sure our actions reflect our
    security, our economy, and the opportunity that America has offered for
    generations of immigrants.

    As we move forward to the 110th Congress, please know that I will keep
    your thoughts in mind as Congress begins to work on immigration reform.
    If you would like to know more about my work in the Senate, please
    visit my website at http://murray.senate.gov/updates/.

    Again, thank you for taking the time to share your thoughts with me.
    Please keep in touch.

    Sincerely,


    Patty Murray
    United States Senator





    eb3_nepa
    11-06 10:37 AM
    I have approved i-140 and I have applied for 3 year extension for my H1-B (I am currently in the sixth year of H1-b). If I switch employers, would I get 3 years on my new H1-B or time left in the sixth year? I am willing to restart the green card process due to stalled immigration reform bill.

    As long as:
    1) You can provide your new firm a copy of your Approved I-140 and
    2) Your first employer does not cancel the I-140

    You will get a 3 year extension based on your approved I-140. I know this coz it has happened to me.



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