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  • BharatPremi
    10-23 04:26 PM
    one exception is if your spouse is a Canadian citizen or if you are working for a Canadian subsidiary (I am not sure if it has to be a governmental ).

    1) If "canadian Business" hires you "In Canada" and send you to USA for
    handling its "International Business" then also your stay in USA would be
    considered as your "Physical stay" in Canada.
    2) If you become Canadian Government Employee and it sends you to USA for
    its business then also you will not be considered "Physically Out" of the
    Canada.
    3) If you go to USA with your earning spouse employed by "Canadian
    Business" or "Government" to live with her/him, then also same rule applys.

    Note: This is not legal advise.





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  • alisa
    01-28 11:22 AM
    Is this the reason the PDs don't move forward?
    How many pre-approved labors are there?
    I mean, if they got hundreds of thousands of pre-approved labors, the PDs will not more for a long long time......

    Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.





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  • Macaca
    06-26 09:39 PM
    I think they will retrogress after using next year's quota that opens up in Oct (??).

    They want to collect all applications since workload estimation is a huge problem with USCIS, DOL, FBI, ...





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  • amitjoey
    07-03 06:03 PM
    clochhead@sfchronicle.com.



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  • shree19772000
    08-03 01:24 PM
    Hi All,
    I am starting a new thread to clarify a roumour I heard that begining August 2006 the labour substitution is not possible. Can anyone confirm this please.

    Thanks





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  • nomi
    09-29 01:21 PM
    Hi Kukitron and all,
    I am having a new h1b with validity 7/2009. But My Visa expired by Aug,2006. Please clarify, can i travel from canada to Seattle thro Road with the expired visa and the new h1b which contains a valid I-94

    Thanks
    Sundar

    You may return to the U.S. from Canada or Mexico using the automatic revalidation provision of 22 CFR � 41.112(d) (the "30 day rule") IF you satisfy all of the following :

    1. You have an unexpired form I-94
    2. You have a valid passport
    3. You have some kind of visa in your passport, even if it is expired or the maximum numbers of entries have been used (but NOT if it has been revoked or cancelled for some reason other than having reached the maximum allowable number of entries)
    4. You are maintaining your nonimmigrant status in the U.S.
    5. You are not a citizen of a country determined to sponsor terrorism by the Department of State (e.g. Iraq, Iran, Syria, Libya, Sudan, North Korea, Cuba)
    6. You have remained in Canada or Mexico for no more than 30 days
    7. You haven't gone to any country other than Canada or Mexico during this visit (or, according to some CBP officers, at any time since your most recent visa expired)
    8. You are returning to the U.S. to resume your lawful nonimmigrant status
    9. You did not apply for a visa during your must recent trip outside the U.S. and
    10. You are not otherwise inadmissible to the U.S.

    Below link contains the official documentation for the 30 day rule:
    http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

    Hope this helps.

    Please share as many people as possible who use this rule.



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  • snathan
    01-24 02:16 PM
    Kindly visit this forum
    USCIS new memo on Employer-Employee relationship - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=1181028202&p=2)
    and see yourself how people differ on this memo. It seems so many people are happy about this memo for the following reason:
    1. They are not affected by this memo ( for sure ).
    2. They are fed up with Body Shoppers.

    You can not ask them to change as they have their own take on this memo.
    Personally after reading so many scenarios I don't support this memo.

    They may not be affected by this memo and they are day dreaming they wont be affected in the future also. This is just starting and you never know what USCIS and antis are planning. This memo is very unfair for people who are in this country 5-10 years and stuck in the GC backlog. Assume that people who are in full time fired...what they will do. Just they will run this body shop. Then they will understand what this is all about. I personally do not like people suffering for no reason.





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  • tikka
    07-03 11:02 PM
    Immigration lawyers raised unusually irate protests yesterday after the State Department and the immigration service abruptly withdrew tens of thousands of job-based visas they had offered last month to foreign professionals hoping to become permanent residents in the United States.

    The outcry was provoked by a terse announcement on Monday in which the State Department said it would not grant any more visas for the 2007 fiscal year to foreigners applying to become permanent residents based on their job skills. That notice reversed one the department had issued on June 13 announcing a two-month window starting July 2 for aspiring, high-skilled immigrants from around the world to present applications for visas known as green cards.

    The State Department said the 60,000 visas it had expected to offer would no longer be available because of �sudden backlog reduction efforts� by Citizenship and Immigration Services, the federal agency that processes applications for the visas offered by the department.

    In a statement yesterday, the American Immigration Lawyers Association accused the two agencies of perpetrating a �hoax� and a �bait and switch� against hopeful legal immigrants who played by the book.

    �Here people followed the rules and did everything right, yet without warning or explanation the door was slammed in their faces,� said Kathleen Campbell Walker, the president of the association.

    To apply, immigrants must undergo medical examinations and assemble documents to prove their job skills and show that a United States employer has sponsored them. Foreigners must be in the United States when they present their applications, which are processed on a first-come, first-served basis.

    Because of backlogs for employment-based visas, foreigners have had to wait many years just to be allowed to file their applications.

    Thousands of medical and technology professionals, including many working here on temporary visas, scrambled for weeks to get their documents together, in some cases canceling travel plans, in order to file their applications on Monday, the first day of the window. The State Department and the immigration agency closed the window without accepting a single application.

    �I am concerned that such action may violate the law and could threaten the integrity of our immigration system,� Representative Zoe Lofgren, Democrat of California who is chairwoman of the House Judiciary subcommittee on immigration, wrote in letters yesterday to Michael Chertoff, the secretary of homeland security, and Condoleezza Rice, the secretary of state. Ms. Lofgren warned that the federal government could face costly litigation because of its change of course.

    The State Department said it would begin accepting applications on Oct. 1 for 2008 visas. On July 30, the immigration agency will raise its processing fees by an average of 66 percent.



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  • kondur_007
    07-26 06:04 PM
    I dont think the situation is that bleak. What would happen when EB3 ROW is unable to use up all the spillovers from EB2? The excess would go to EB3 I, right?


    This is exactly the point which is not clear and therefore, asking for verticle spillover may not benefit EB3 I.

    What you are asking for is "verticle spill" till it comes to EB3 ROW and then spill it "horizontally" to EB3 I, then only EB3 I would benefit. (although USCIS did this in the past, there is no logic that can explain it)

    If they re-interprete the spill and make it verticle, it will go EB2 ROW -> EB 3 ROW -> EB2 I -> EB3 I (pure verticle spill) ; In this case, EB3 I gets nothing but EB2 I looses with some benefit to EB3 ROW. And remember, verticle spill from ROW will need to go equally to India and China...

    At the end of the day, if you look at the big picture, I think horizontal or verticle spills are not likely to make any difference to the backlog of EB3 I. What we need is more visa number. Mechanism (recapture, STEM exemption etc) does not matter. Also we neet to unite and work on getting our agenda in the CIR that is likely to be awakened once elections are over.





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  • snthampi
    07-30 11:58 PM
    Gave you green for making me laugh. I am adding step 8.

    8. When they ask you what you do in your free time tell them you watch porn and ma***te :eek:
    :D:D:p:D Very funny. I just love this thread. For a moment we can forget about the stupid GC fiasco.



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  • chanduv23
    02-15 11:48 AM
    Thanks for an excellent research and arguments. Some of the arguments are well presented.

    Well, if you are not ready to lead and we do not have anyone else to lead then whats the point of forming the yahoo group? Please don't get me wrong, I am just trying to find out the objective of this yahoo group.

    I think lazycis taking a step forward towards the creation of a group, but does not seem confident he/she will lead the group, but I am sure will definitely lead the group





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  • nrk
    09-15 04:42 PM
    By seeing numbers, i am seeing a ray of hope with in one year i should hear some good news. Thanks for the R&D of all IV members


    Here are my Estimate of pending EB2 India case for give years

    <=2004 2000
    2005 10000
    2006 13000
    2007(july) 5000
    ==============
    Total 30000
    ==============

    This number is very close to Ron Gocthers number prediction a few months back (minus sept approvals).

    Collaboration on visa quota data/analysis - Page 6 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8419-collaboration-on-visa-quota-data-analysis-6.html)

    Pending as of 15 July 2009 145000
    EB2 50000
    EB3 94000
    EB2India (2.4/3.5 EB2) 35714

    We can use the LCA number and come close these numbers as well

    2005
    EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
    Assuming 20% abandon applicant we get = 5900
    1.2 dependent per applicant give ~ 13000 I-485 applicantions
    Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005

    2006
    India PERM applications = 18000
    EB2 India PERM applications (60%) = 10800
    Assuming 20% abandon applicant we get = 8640
    1.2 dependent per applicant give ~ 19000 I-485 applicantions
    Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 10% cross-charageability we get => pending 13000 pending I-485 application for 2006

    So if we see spillover of more than 30K the date will move beyond July 2007.



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  • samay
    07-22 11:41 AM
    Hi Forum,

    I have come to USA last year and was getting paid consistently till May31. Now, on July 2nd new employer (not a desi, but a big company) applied for transfer on premium processing. I'm continuing with my old employer, and they are marketing me, and have all such emails. Just wanted to know whether the paystub will be an issue for transfer? And how soon can I join them, and what is the risk if I join them now, before I wait for response from INS?

    Any response in this regard will be highly appreciated.

    Normally the last two pay stubs are required and it become an issue and you may get a RFE.





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  • greencard_fever
    07-23 12:02 PM
    USCIS is already did the ground work required to Use up all the left over visas. I am assuming based in the following theory

    1) We have seen in the past in USCIS director interview ( i do not have the link for this) that USCIS and DOS is working closely ( This was lacking in the past) to approve as many cases as they can to use maximum VISA number.

    2) By looking at the approvals from last 4 months, who ever i know whose PD's were current got their GC's.This indicates that USCIS is working efficiently then it was before to Use up all the VISAS.

    3) Lastly i assume that DOS was moving the dates for EB2 consistently for last three visa bulletins and we all know that for August (last Quarter) it has moved by 2yrs+ (DOS and USCIS waited till last quarter to do this which makes more sense),I believe the reason behind this to use all the Visa Numbers and approve as many cases as they can.

    This what i am assuming by looking at the recent VB movement and GC approvals.



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  • vdlrao
    09-15 12:17 PM
    This is the monthwise total for Only PERM for India for year 2005 and 2006.

    Month EB (INDIA) # Approved
    Jan,05 0
    Feb,05 0
    Mar,05 1
    Apr,05 24
    May,05 133
    June,05 535
    July,05 794
    Aug,05 1313
    Sep,05 1316
    Oct,05 1212
    Nov,05 1541
    Dec,05 1771
    Jan,06 1788
    Feb,06 1729
    Mar,06 2224
    Apr,06 1635
    May,06 1876
    June,06 1902
    July,06 1574
    Aug,06 1317
    Sep,06 963

    PERM 2005 (All EB2+EB3) for India is 8640
    PERM upto Sep 2006 (2+3) for india is 15008
    So the movement depends on the spillover to EB2 india. I assume if it is in the range of 15 to 20K then it will move upto mid of 2006 by end of 2010 for sure.

    If the spill over is in the range > 20K to EB2 india then it will go to September 2006.

    How did you say that are Only EB2+ EB3?





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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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  • kaisersose
    07-17 10:50 AM
    Assuming that the spill overs are effected only in the last (JAS) quarter, there wont be any significant movement for EB2. Until and otherwise the supply is more than demand, EB2 will not move forward significantly.

    But I wish EB2 becomes current in the near future. Correct me if i am wrong.

    How "near" is near? For EB2 to become current, the current policy of horizontal spillover should reamin in effect through Fiscal 2009. if that holds true, then as spillover takes effect typically after the first 6 months, we should see movement in India EB2 again, starting from April/May 2009 and there is good possiblity that EB2-India may reach somewhere close to July 2007, if not current.





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  • snathan
    01-15 11:01 AM
    Hope the AILA and ImmigrationVoice leadership can work together to urge USCIS to post a statement explaining that the guidelines in the memo are initially meant to encourage compliance by the businesses and prevent abuse; and that the USCIS would start enforcing them starting Jan 2012 or later. Thus it may be just a matter of getting used to the extra bureaucracy.

    I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.

    _____________________for those very concerned____________________
    It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.

    I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.

    If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
    _____________________________________________

    Best Wishes for all.

    Why after 2012....you would get your GC by then? what a selfless generous mind. really appreciate you.





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  • Kodi
    05-12 03:08 PM
    Tamils live the same life as Sinhala and Muslims, if you're visited sri lanka you would see that. Schools are open to everyone within their respective distances, tamils conduct business same as muslims and sinhala. What you're discussing is something that happened when the country was given independance and the sinhala policy came into act. This is not the case anymore in sri lanka, if it was all the tamils in the country would have moved to the north where their so called saviors were fighting.





    rkartik78
    07-18 05:55 PM
    Dear Attorney,
    I work in a Semiconductor company in Arizona. My company filed for my Labor and i140 (i140 approved in july 2008). Last July, I filed i485 for me and my wife. My H1B expired in May of 2008 and I am now on EAD status. I want to take up a part time job during weekends and weekdays after my Primary work hours. This new job is in no way connected to what I do in my primary job duties and is totally different from the description given in the labor cert. I want to know if it would be ok for me to take up such a part time job and make sure that no problem arises during my i-485 adjudication.

    Thanks





    ramus
    06-27 09:37 PM
    "However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007".

    Does anybody know if they rejected all other worker's applocation who filed in June or rejected only who filed on or after June 5, 2007...





    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.

    http://www.immigration-law.com/



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