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  • kate123
    09-25 07:14 PM
    Here is the link:
    Visa Bulletin for July 2008 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html)

    Here is the snippet from http://immigrationvoice.org/forum/newreply.php?do=newreply&p=966830

    Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit.

    It appears that DOS does spill-over every quarter.





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  • samay
    07-15 05:10 PM
    Dear Attorney,

    A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.

    I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.

    The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.

    One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.

    Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,

    John
    Do you have an attorney. If yes then contact him if not then please contact me and we can discus your successful appeal.





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  • kbsyed61
    06-01 04:45 PM
    Here is the official information on SS benefits while living outside USA.

    http://www.socialsecurity.gov/pubs/10137.pdf

    Per this rule, Indians are eligible for SS benefits while living in India (at the time of claim), if they have lived in US for 10 years or have 40 Social security credits (That is 10 years of SS contribution.).





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  • ashshef
    10-21 01:55 PM
    Looking at approval data, i see EB2-India approvals continuing with many recent approvals from Jan 2005. Leading me to believe that most of the application current will be approved by Nov 2009 and we should see +ve movement in EB2-India date to March 2005 in Dec 2009 Bulletin.

    I'd be surprised to see that much movement before the Jan bulletin. If they do a quarterly spillover, I am hoping they'll move it to March at least.
    Been working on H1 since mid-2000. Getting more and more anxious as the dates draw closer.



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  • chanduv23
    07-21 11:33 AM
    More than the money, these guys are plain stalkers! They don't leave you even if you are not interested and even after blindly telling them right on their face. Anywhere you go, Costco, Walmrt, Indian grocery stores, Malls these guys are right behind you. Next time i am calling COPS and i am going to report these guys.

    Enough of leaving it or taking it lightly becasue of so called "your countrymen" stuff.

    what a PITA!

    Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.





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  • thakurrajiv
    09-24 08:27 AM
    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 !!



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  • gc4me
    02-13 02:08 PM
    That was an example only. A country can use max 7% of total visa. And if you see the EB visa allocation, other than India, China the 3rd largest Visa was taken by Korea (about 4K, don't remember exactly) and the fourth country only used around 1200, all other countries used with in 100s only. So if a country (example Malaysia) uses only 200 Visa and if it had 500 applicant, why 300 people from Malaysia was retrogressed.



    There is no such thing as EB3 Nepal, which I'm sure you know. In EB3 ROW, this includes everyone else. I'm sure there are some significant numbers from the UK, Germany, Australian (although they might be separate under E3... not sure), Japan, Tawian.... etc etc the list goes on.

    EB3 ROW doesn't just mean those from tiny countries with tiny populations





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  • sk2006
    08-16 01:51 AM
    The original post was not about SRK detention.. but it was giving an idea of US immigration system. Well everyone here is singing praises of US immigration system.. if anyone of you will be detained if simillar name flashes on their computer and detained for hours and sent back then i hope you guys don't change your tune.. Thanks for all your reds.. looks like some people over here are interested in green or red.. crazy guys!!! go get a life.

    Can you point to a single post praising the immigration system.



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  • GC08
    01-28 04:09 PM
    :mad: They should stop the so called substitution.





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  • gc28262
    09-26 11:13 AM
    I sent the email to my local congress man who has an anti-immigrant stance.

    Here is the response I got from him( It is probably a standard response for financial crisis)

    ---message starts------
    Thank you for contacting me regarding our country's financial crisis and the administration's bailout proposal. It is good to hear your thoughts on this very important situation facing our country and I share in your concerns.

    As you know, Treasury Secretary Paulson and Federal Reserve Chairman Bernanke testified recently before Congress about their proposal to spend $700 billion to purchase the debt of financial institutions, improve our credit situation, and stabilize our economy. I reviewed the proposal carefully and, like you, I had serious concerns about this proposal such as the blanket authority removing Congressional or legal oversight, the implied reward for unwise financial behaviors at the expense of honest Americans, and the long-term expense to tax payers without a mechanism to press criminal charges upon those who are responsible for this situation.

    As a consequence, I offered an alternative measure. According to the Department of Treasury, there are two problems that need to be addressed: the short term liquidity emergency, and the long-term toxic mortgage asset holdings. To address the liquidity emergency, my plan would reduce all personal and corporate capital gains taxes to zero percent for one year, reduce the Federal Funds Rate (FFR) to zero percent for one month with a reoccurring month to month option, and allow the Department of Treasury to loan current funds to lending institutions at the rate of inflation plus three percent or LIBOR plus three percent. This plan would get the markets moving and allow Congress adequate time to address the mortgage assets situation while we investigate those corporations or government regulators who may be criminally negligent.


    One of my most important roles as your Congressman is to be a responsible steward of tax payer funds and, while my proposal remains an option, there are many proposals still being debated and it is unclear what the final product will look like. I will be sure to keep you informed of what happens as we move forward.

    ---message ends------



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  • reddymjm
    09-23 03:48 PM
    As per the other thread HR5882 is dead for now.. So concentrate on this now...





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  • ocpmachine
    09-15 10:43 AM
    This thread is getting very interesting with all the logical calculations and predictions, thanks OP.

    One aspect that was missed in the discussions so far is, during Aug-Sep'08 many folks with 2005/06 PD's got their GC, USCIS picked these cases on random and not sure how many with 2005/06 PD's were approved but it a sizeable number, so this reduces the pending numbers for 2005/06 PD cases as well. I am predicting by Sep'10 we should see all of 2006 PD's cleared up.

    -Cheers



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  • Pegasus503
    02-14 08:05 PM
    ..............
    Enforce country cap on Family based GC/DV lotterry for the diversity sake. FYI India and China don't have access to DV Lottery. This system is insane and let's not fight among ourselves to defend this crappy immigration system. . U may see ROW retrogress to 1998 in next VB and what will u say then ?. Bottom line is Fighting will not take us anywhere and changing this unpredictable system will be the only way to go.



    http://www.state.gov/r/pa/prs/ps/2006/72835.htm

    the Divertsity Visa Lottery progam,

    following countries[1] are not eligible to apply because they sent a total of more than 50,000 immigrants to the United States over the period of the previous five years:


    BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, EL SALVADOR, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, PERU, POLAND, RUSSIA, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible.

    The point being that until the law changes, USCIS deals with individuals from different countries differently.


    Concerning ROW retrogression, my H1b is an October expiry (I've been here since 1999) so I file my renewal in April (6 months in advance) with my i-140 approved I qualified for 3 years additional H1b. But with the fiasco quotas last May, June and July I was able i-485, however because USCIS issued a receipt for the i-485 they only gave me 12 months H1b renewal. then to add insult to the injury ROW retrogressed meaning another H1b renewal is likely.

    At some point I will have to decide whether to begin the H1b renewal process again.





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  • jonty_11
    11-02 10:11 AM
    In 1992, 1994, 1995, 1996, 1997, 1998, 1999 and, again, in 2000, Canada was ranked No.1 by the United Nations Human Development Index as the best country in the world to live. Unlike the United States and other countries, there is no quota based on either nationality or occupation. The Canadian Government's new immigration plan for the next five years and beyond is to emphasize the admission of a greater number of skilled immigrants with abilities to contribute directly to Canada's economic and social development.
    The rights of Canadian Permanent Residents are almost the same as those of the Canadian citizens except a few, such as right to vote.

    1. After becoming a Permanent Resident you will have the freedom to live and work anywhere in Canada.

    2. You will also have the freedom to work in/with any profession/employer of your choice.

    3. You may purchase/sell any property, own and operate any business anywhere in Canada.

    4. A Permanent Resident becomes eligible for Canadian citizenship after living in Canada for a period of three years of the last four years prior to the date of the application for citizenship.

    5. The best of all, you and your family can enjoy the benefits of free Canadian Healthcare, free primary and secondary education and subsidized post secondary education, security of unemployment insurance, old age pension, child allowance etc.

    Benefits for H1B, F1 or L1 holders:

    1. Unlike US work visa for a specific employer/profession a Canadian immigrant is free to work anywhere with any employer or in any profession in Canada.

    2. Unlike applying for GC in US, you need not to be present in Canada or working in Canada in order to apply for permanent immigration for Canada.

    3. It might take you years to get a Green Card in US, whereas you along with your spouse & dependent children can get Canadian immigration within a period of 12 to 16 months.

    4. May opt to stay outside Canada for a period of 3 years in any given period of 5 years and still maintain his/her permanent residence status.

    ***The pass marks for federal immigration under the skilled worker category was lowered to 67 from 75 points. This is the best time to apply for immigration to Canada as this points criteria might change again any time which may render you ineligible for this opportunity.


    Many fallacies in your list.

    You are comparing Canadian PR with H1B. If you have US GC, you can do everything that you can do in Canada on PR.

    You do not have to be in US to file Family based or EB GC/ EB GC is for future employment ideally, and you have tojoinonly after your I-485 is approved.

    Oh just realized ....here is another shameless advertisement..PLEASE REMOVE THIS..

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  • bayarea07
    07-27 06:42 PM
    Kushal,
    This whole conversation was not intended to be personal and if it hurt you in any way then we all apologize ,most of the people here might be in or against amway/quixter but they are all more pissed of by the way they are harassed by so called IBO's with the way they treat their prospective clients.
    Why not just move on if somebody says no or gives a excuse to the IBO's, if anybody does
    really feel interested they will ultimately come back to you guys but why harass them with multiple calls and personal visits.

    Note - I would be intersted to see your tax returns :-) email me please since you agreed to.


    Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.

    I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
    Peace OUT!!





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  • gondalguru
    07-17 01:50 PM
    What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.

    Here is the Feb 2008 bulletin.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
    INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�

    Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.

    Look at my prior post. I think spill over will happen every quarter.



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  • ujjvalkoul
    10-04 10:40 AM
    STAmisha,

    Once u sent ur application, did nt u have to go for an interview and then a Physical. Also, I have heard that to get PR stamped onto ur passport, u actually need to physically enter Canada. Kindly confirm?





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  • _TrueFacts
    09-10 02:01 AM
    YSR the most corrupt politician (http://www.zimbio.com/Telugu+Movies/articles/14097/YSR+most+corrupt+politician)


    Corruption in Irrigation Projects
    The Stink of Cement
    Sakshi: Investments and Rewards
    The VANPIC Link
    Maytas, Satyam and Metro
    WAQF Land Sold Illegally
    Power Fraud


    COVERT is a magazine: http://www.sriviews.com/2009/03/story-of-ysrs-corruption/ click on the main image for pictures of documents

    Andhra Pradesh Chief Minister Y.S. Rajasekhara Reddy has been presiding over large-scale corruption in the State, with huge amounts of money being made and squandered by a small group of influential politicians and their friends and relatives

    The entire operation is carried with internal benchmarks of bids being changed to favor select companies, pre-bidding rules flouted for friends and relatives, Waqf properties sold for a song, and individuals and companies that invested in son Jagan Mohan Reddy’s huge media enterprise rewarded with other lucrative projects in Andhra Pradesh.

    Covert has documents to prove that there are links between many other projects and companies floated by the Chief Minister’s son Y.S. Jagan Mohan Reddy. Covert has a copy of several Board resolutions of this company, confirming that Jagan Mohan Reddy is the director of Raghuram Cements and fully authorised to deal with the financial transactions.

    Congress MP V. Hanumantha Rao told Covert, “This boy was nothing in 2004 [when Y.S.R. came to power] and now he has a lot of businesses, two or three companies can be understood, but so many…”

    SAKSHI: INVESTMENTS AND REWARDS
    Sources said that several of the companies investing in Jagan Mohan Reddy’s pet Sakshi project have been rewarded with other projects. For instance, Hetero Limited that has invested nearly Rs 4 crores in Sakshi, has been allocated a pharmaceutical SEZ at Polyppaly.

    The State Government has exploited every loophole to seal this Rs 5,000-crore project that involves the acquisition of 25,000 acres of land in the State.

    MAYTAS, SATYAM AND METRO

    No rules apply in Andhra Pradesh under Chief Minister Reddy, who wilfully orders officials to clear deals and projects in violation of all laws. The link between the Congress and Satyam’s Ramalinga Raju, who is now under arrest for a major corporate scam, is established through the manner in which the bid for the multi-crore Hyderabad Metro Rail project was finalised, and the rules totally violated with full connivance of the Reddy Government.

    WAQF LAND SOLD ILLEGALLY

    Chief Minister Y.S.R. Reddy is also presiding over what sources describe as the completely illegal selling off of Waqf property in the State. There is a long list of cases where prime Waqf land has been sold for a pittance, with others getting the bulk of the money. In what is a classic case reflecting rampant corruption, 100 acres of Waqf property at Manakonda village was acquired by the State Government and sold to an infrastructure firm Lanco at throwaway prices

    The editor of Siyasat, the Hyderabad-based Urdu daily, Zaheeruddin Ali Khan told Covert that Lanco made a profit of Rs 10,000 crores on this property that was acquired from the Wakf Board at a price of just Rs 60 crores.





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  • akred
    02-16 12:53 PM
    I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.

    Delusional? Quite a few European countries spring to mind before this one.





    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.





    GCnew
    02-13 06:04 PM
    Count me in. I am willing to contribute for the lawyer's fee and if we go forward with the lawsuit, I am willing to share the cost.

    So I haven't supported any initiative because I don't think anything other than fear of a lawsuit will trigger a change.



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