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  • qvadis
    03-21 04:48 AM
    Allow me to emphasize a different section of the text:
    Snips from Nov 05 Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html)

    The AC21 removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.

    >> As per my understanding, When there are no per country limits, It can be assigned to any one with oldest PD. Not that it is working like that with USCIS. As I said, before in my previous post, we can imagine these visa numbers tagged with the category name beside them. <<


    The way I read this is that this particular AC21 rule only applies if there are no cut-off dates in any category (for that calendar quarter). This is clearly not the case in this bulletin, where the cut-off date for EB3 is set to July '05. Hence, the new interpretation seems different.


    During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply ...] This will mean an Employment per-country limit for FY-2006 of approximately 10,650.

    To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.

    >> I have spoken with an attorney and he expressed above similar opinion where we might not have noticed how numbers were overflowing and NOT overflowing to demand or lack of demand. Either way, This is not a panacea for the problem at hand as there is no clarity what so ever in either procedures. <<

    Maybe I'm misreading above statement, but it sounds to me that because of higher demand (of ROW), AC21 wouldn't apply anymore, and instead of 47k in '05, India had only received 10k in '06.

    Note that I think the immigration system is broken and needs to be fixed. By changing their interpretation, they are only taking away visas from one group and give it to another group. I can certainly see why people who are affected by this would be biased. No harm intended.




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  • gcformeornot
    02-02 01:06 PM
    There are around 400 immigration litigation lawyers. If 10 members can volunteer and send this template it can be done. I am in between projects and I cannot devote any more time for this. If anybody takes control of this thread and contacting the lawyers I would be most happiest person. Pls don't tell me that there are no leaders in this group of 25,000 people who can do this miniscule task of contacting 400 lawyers and co-ordinating with them.

    Search Results (http://www.ailalawyer.com/SearchResults.aspx?LanguageId=english&pid=326&Lang=99&miles=100)

    TEMPLATE LETTER

    Sir/Madam,

    We are a legal immigration association with more than 25,000 members in different visa statuses like H1-B etc. There is a per country quota which prevents any country from getting more than 9800 visas.
    Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html)

    This effects permanent residency (both familty based and employment based)applicants from India, China, Mexico and Philippies only. For example an Indian engineer with a masters degree has to wait 7-8 years for his permanent residency while an engineer with a masters degree from Mauritius would get his green card immediately.
    We would like to challenge this racist federal immigration law. We would greatly appreciate if your organisation can help us from doing so.

    These are some of the facts from the basic legal research that I have done.

    Different Supreme Court Decisions

    Find your legal rights, legal Information, law for common legal issues including lawyers for legal advice or legal help to your legal issues (http://public.findlaw.com/civil-righ...n-history.html)

    Gratz v. Bollinger

    Gratz v. Bollinger - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Gratz_v._Bollinger)

    In 1978, the Supreme Court ruled in Bakke v. Regents that public universities (and other government institutions) could not set specific numerical targets based on race for admissions or employment.[1

    Bakke vs Regents

    Regents of the University of California v. Bakke - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Bakke_v._Regents)


    Supreme Court Opinions

    Lawyer, Lawyers, Attorney, Attorneys, Law, Legal Information - FindLaw (http://caselaw.lp.findlaw.com/data/c...ment14/20.html)

    Lawyer, Lawyers, Attorney, Attorneys, Law, Legal Information - FindLaw (http://caselaw.lp.findlaw.com/data/c...ment14/30.html)

    Articles

    http://www.usatoday.com/news/washing...me-court_N.htm

    http://www.enotes.com/everyday-law-e...against-racial


    Thanks,
    XXX

    but you know most users will do????? Give you a GREEN :D




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  • sparklinks
    02-18 03:34 PM
    Can anyone of you guys give me the IV address, where to send letters (3) please.




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  • LostInGCProcess
    08-21 09:11 PM
    When did you send your application.

    I am in the same boat waiting for their call. :D

    I sent in the middle of July.



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  • walking_dude
    10-07 10:40 AM
    Kumar,

    Are you attending 10/20 meeting at Troy Community Center (Troy) at 10:00 am [ Details are published else where in this thread]?

    Also, chintu25 (sam) was looking for someone from Grand Rapids to talk to local (Grand Rapids) media reporter interested in doing a story on EB GC wait period. You should contact him and use this opportunity to highlight our issue and the way we have come together as 'Immigration Voice' to change the situation through lobbying and grassroots-level action


    Hello Members ,

    Is there any one living in and around Grand Rapids ?? Please mail me


    thanks

    kumar




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  • gulute
    05-19 03:30 PM
    That was real quick!

    Thanks



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  • siravi
    10-16 12:24 PM
    If you have a good experience with your lawyer and are recommending the law firm, pls also try to talk to your lawyer about IV. Ask the law firm if they want to contribute/ or even publicize IV to their clients. If they agree to do it, please post here. If they refuse, pls post here.

    So when you write about how good your lawyer is, pls also mention if the lawyer supports IV and the help that has been extended to IV.

    This will help maintain a list of lawyers who are recommended by members and at the same time, help IV.

    Good point, Pappu. Yes, Cyrus has been supportive of IV even mentioning its successful role towards the effective resolution of the July Visa Bulletin:http://www.cyrusmehta.com/Print_Prev.aspx?SubIdx=ocyrus2007720184422

    He also mentions the DC rally in one his newsletters on his website (September, I think) and in an article submitted to the indiapost.com




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  • abhisec
    07-15 03:47 PM
    I guess they are very low in numbers. Thats why they moved the PD to 2006.
    Again when I say low , it could be low number of ripe cases.

    I'm one them - see my sig. Waiting for NSC to process my case :mad:



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  • Sideliner
    03-14 04:25 PM
    Therefore best advise in EB3 India folks to convert into EB2 to get use of early PD like 2002 or 2003.

    This is like telling passengers to move to the other side of the boat when it starts sinking one side. The outcome is only making the boat sink faster. Remember, the huge backlogs are not completely due to unavailable visa numbers.

    Unless there is a real need, moving from EB3 to EB2 dont make much sense.




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  • CaliGC
    06-14 01:57 PM
    But still the good news is everyone would be able to get their EADs and escape from the clutches of H-1B renewals and restrictions of remaining with the same employer etc. It's freedom to work anywhere! Doesn't matter when actually the I485 gets approved, until then you're free of H-1B tension at least. This is a big leap forward.

    Vin,
    I would bet my chances with H1B rather than EAD. I myself is on EAD since 3 years and know the issues in getting the renewal on time. EAD will help those spouses who are on H4 to work but the circus will continue until the final approval is received.

    TIA



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  • god_bless_you
    06-30 12:01 PM
    Shadegg Introduces ‘Skil Bill’ To Keep American Workforce Competitive
    Rep. Shadegg – “We stand to potentially lose the next technological giants like Yahoo! or Google if we do not keep America’s workforce competitive.”


    Washington, Jun 30 - As the United States works to maintain its economic competitive edge, U.S. Representative John Shadegg (R-AZ) introduced legislation yesterday to help retain the innovative minds of foreign-born nationals here in the United States.


    “We have benefited greatly from the many foreign-born scientists, engineers, health care professionals, and teachers that help keep America moving forward,” said Shadegg, a member of the House Energy and Commerce Committee. “To our detriment, current policy mandates that we educate and train these brilliant individuals and then send them away to other countries to compete against us.”


    H.R. 5744, The Securing Knowledge, Innovation, and Leadership (SKIL) Act, addresses this growing problem by increasing the allotment of H-1B visas, returning to the prior, higher level of 115,000, with potential for future increases. The bill would also allow foreign nationals who graduate from U.S. universities to stay in America and contribute to our economy by joining the American workforce.


    “Unfortunately, we are not graduating the number of Americans with advanced degrees in math and sciences that our high tech and medical industries need to compete. Until we can fix the problem of not having enough highly skilled American graduates, we need to pass the SKIL Bill.”


    Shadegg went on to say, “We stand to potentially lose the next technological giants like Yahoo! or Google if we do not keep America’s workforce competitive. We must maintain our edge by providing opportunities to highly educated and skilled individuals interested in staying here in the U.S.”


    In 2005, foreign nationals earned more than 40 percent of the master’s degrees and 60 percent of the doctorate degrees in engineering awarded by U.S. universities.

    http://johnshadegg.house.gov/News/DocumentSingle.aspx?DocumentID=46437




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  • java_jaggu
    06-19 07:07 PM
    I doubt if the house is going to toe the senate line on the CIR. The new bill that has been introduced in the House is seen as a rebuke to Bush, directly contradicting the Senate version. I think this CIR will be killed in the house if it somehow passes the Senate.

    http://www.latimes.com/news/nationworld/nation/la-na-immig20jun20,0,3608273.story?coll=la-home-center



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  • pcs
    04-26 12:06 PM
    Great job guys......

    small gesture of $ 100 from me...

    I will ask other friends to shoot some small contribution...

    Great job once again




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  • DallasBlue
    07-21 12:09 AM
    http://dallas.eknazar.com/ekClassifieds/product_desc.php?id=232721


    http://sanantonio.eknazar.com/Classifieds/product_desc.php?id=232720


    http://www.competeamerica.org/hill/letter_congress/HouseEBGree%20CardBillsSignOnLtr.pdf


    July 17, 2008
    Dear Member of Congress:

    As U.S. employers, education institutions, and trade associations representing the future of American
    innovation, we are writing to urge your support for three bills that will make necessary incremental
    adjustments to the employment-based (EB) green card system. The measures � H.R. 6039, H.R. 5921
    and H.R. 5882 � enjoy bipartisan support and should be enacted without delay this year.

    America�s scientific and technological leadership is at a crossroads. To remain the world leader in
    innovation, U.S. employers must have access to much-needed and sought-after highly educated talent �
    including scientists, researchers, teachers and medical professionals. Foreign-born professionals make
    great contributions to the U.S. economy and create good, high-paying jobs for all Americans.

    U.S. employers rely on EB green cards to keep foreign-born talent living, working and innovating in
    America. Yet, despite the critical importance of these visas, Congress has failed to address the well
    documented backlogs in the EB green card system that leave some foreign-born, highly educated
    professionals waiting over six to 10 years to receive a permanent resident visa.

    The three bills will address many shortcomings in the EB green card system. For example:

    � H.R. 6039, by exempting highly educated, foreign-born students earning an advanced degree in
    science, technology, engineering or mathematics from a U.S. university from the annual EB green
    card limit, would help U.S. employers retain these talented individuals in the U.S. workforce. For
    example, foreign nationals comprise half of the master�s and 70 percent of the Ph.D.s in electrical
    engineering from U.S. universities.

    � H.R. 5921 will help put an end to multi-year wait times by eliminating unduly restrictive per
    country limits on EB green cards.

    � H.R. 5882 will help to reduce visa backlogs by �recapturing� EB green cards from prior years
    that went unused due to government processing delays and making them available immediately to
    those who meet the requirements.

    Without these incremental reforms, U.S. employers will continue to be crippled in the global competition
    for the world�s best talent, as more and more extremely valuable professionals from around the world
    take their education and abilities to competitors abroad.

    While permanent reforms for the EB green card system will be critical to U.S. employers� long-term
    ability to hire and retain key worldwide talent, H.R. 6039, H.R. 5921 and H.R. 5882 are common sense,
    incremental reforms that should be enacted this year. We again urge your support for these important
    measures.


    Sincerely,



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  • prince_charming
    09-25 02:17 AM
    Apart from Deniel notice I also got LUD on I 140.

    Could it be related to old employer revoking I 140?
    Since I have transfered after 180 and did Ac 21 - am I covered.

    Prince - Did you get any LUD on 140 on the day you got this deniel e mail?

    Thanks
    Ram

    Hey ram

    I did saw LUD on I-140 and I-485 same day for both me and my wife....




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  • ItIsNotFunny
    06-02 09:41 AM
    Good job. Best of luck to all of us.



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  • onemorecame
    08-06 12:15 PM
    If you are employed in IT field, as far as I know federal skilled workers and AINP H1b stream are almost blocked except for managers. Canada immigration program has a list of occupation category; if you work in one of the listed classification then you can apply for PR. About an year back federal skilled worker deleted all computer related classification but managers. In May 2009, AINP did the same and now only IT managers are eligible.

    If you are employed in non-IT category, you may still be eligible.

    But AINP looks "little" better when compared to other immigration programs.

    is it mean Canadian door's are closed for people who employed in IT field and do non-managerial job?
    Is there any other alternative option to apply Canadian PR after exclusion of occupation category from federal and province Skilled worker category?




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  • chanduv23
    09-19 05:23 PM
    Logiclife - Me and my Attorney - had some email exchanges about all this stuff and she compliments all that IV has done and says we must educate people about advocacy

    Maybe we should start with organizing some small events/seminars to spread awareness on what can be done and how important advocacy is, most people think that it does not make a difference. We could rope in local organizations

    Prashanthi Reddy, Esq.
    Law Offices of Prashanthi Reddy, PLLC


    I personally got burned out trying to explain all this several times to people only to get trashed at and get strange looks back and get ignored




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  • I_need_GC
    07-01 08:24 AM
    Ok, As promised I am giving you an update I contacted my attorneys office yesterday the most senior attorney was out so I spoke to her assistant and according to him, If USCIS made a mistake then its their mistake not mine once the GC card comes enjoy it and if they realized they made a mistake 3 years from now or 5 years from now well by that time my PD would probably be current so whats the difference. He did recommend I wait longer than 5 years to apply for citizenship buts thats a long way ahead. It just might be my 4th of July gift. :) I will keep you all updated on any changes.




    go_guy123
    08-23 01:07 AM
    The placement statistics from the Rotman school of Management website is quite impressive.

    I've a few questions for you. How bright are the job prospects after doing an MBA from U of T in the current recession wolrd? Are part-time MBA students given equal opportunity in job placements? What's the % of placement among Canadian vs US employers?. Howmuch salary can a person with Engineering degree + US experience + Canadian MBA expect to get?

    Placement statistics there are hyped up. Not that great. However the US ones are also hyped. So lets be fair here. US school dont tell
    foreign students that without GC employers dont even want to look at you. Even Harvard foreign students are having a very bad time.

    Plus here they allow spouse to work. If the marriage is more than 3 years , then that
    spousal work permit leads to resident tuition as well. In US F4 cant work. Even you cant work off campus. Without working you have to support 2 persons (for married people)
    Compared to Canada, US literally treats foreign students like dogs....I dont understand why people from India still come to do MS in US. Yes I know I have done MS in US and MBA in Canada....so I can compare first hand.

    Let me be honest. Opportunities in Canada is no way compared to US for a US Citizen/GC.
    However if you are not a US Citizen/GC then you are far better off in Canada.

    Lately Rotman is a bit too expensive for non-resident tuition. So I wont recommend that to international students. However you can choose U of Calgary etc. I was a PR before I joined Rotman so I got loans, worked part more than 20 hrs week (often more than 30 hrs). Leaving H1B job in US for a MBA in Canada was one of the best decisions I have taken. In fact I was so convinced that I should not do MBA in US that I didnt even apply in
    US schools.

    Answering your specific questions

    International students in Canada are doing better than international students in US who need an H1B. In Canada after 1st they all applied for
    PR and are close to getting PR Plus they get 3 year unrestricted work permit. It has been bad. But now I see eventually all are getting full time employment.

    Part time students cant apply through the full time career center. But they can talk and annend info session. Most people including fulltime
    MBA get jobs outside career center.

    US experience isnt give a premium. Canadian experience is always prefered. 60K to 70K is the typical salaries that foreign students are getting. Well I never said that Canadian oppotunities are great but what i can say is that Canada is a better option if you are not a
    GC/USC.

    It is hard to compare Canada vs India. India as other problems. If you want finance sector jobs then it is Bombay. It involves long travel
    of 2 hours in locals each way. 4 hours travel...there is no personal time left after work. I personally cant take it...it might be different
    for others. Power problems, traffic jam etc is there. It about what you consider quality of life, and that is different from person to person.




    nixstor
    07-02 03:04 PM
    Looks like the Congressman's (Rep. Lamar Smith) office is getting bogged down by the calls.

    I walked around my office and asked every colleague I met to make the call. The last 5 people who called, the person answering the phone rudely asked them to call the local Congressman's office instead of the Representative's office. He did not take any information nor did it look like he was making a note of the call.

    Any pointers, information as to what may be happening?

    I am not sure about the rude part. All the posts in the 12 pages have actually appreciated the patience of the caller.

    Some answers on why you are calling Rep Smith even though you are in a different constituency. Send the first post of this thread as supporting material to those who are going to call. It hardly takes a min to read that post.

    (1) Yes, we called our Rep and asked for support

    (2) Rep Smith is the ranking member of House Judiciary committee and thats why his support is crucial to these bills

    (3) Rep smith championed high skill bills in the past and these are common sense measures that will increase American competitiveness



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