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  • r_mistry
    02-07 11:32 AM
    Actually You have to PHYSICALLY present in Canda for 2 years in a 5 year period since the date landed.

    Hi Lasantha,

    Not that i want to question your input but would greatly appreciate if you could point me to the official ruling or link where i can find this information. I tried to search for this on official canadian immigration web site but could not find one.

    Thanks again !!




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  • fetch_gc
    10-17 10:04 PM
    fetch_gc,
    My packet delivered on July 16 signed by R Pitcher 9a.m. at NSC.
    I am hoping yours and Vivek.. package was also in the same bundle.

    Just curious, what is a front log ??

    Hi GCSPACE,

    Just wanted to let u know that when I called NSC IO today, she was kind enough to give my 485 Recpt # and asked me to wait a couple of weeks to get them in mail. She told me they(both my wife and mine) were just entered into the system.

    Also I asked her abt my wife's pkg, she said it also got cashed, but my wife has to call to get her Recpt#.

    frontlog refers to the folks who have filed between July2nd -July 16th.

    Thx...




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  • eastindia
    09-23 12:36 PM
    A lawyer posted this on his website

    Visa Bulletin Predictions and Updates from Charles Oppenheim
    September 23rd, 2010 | Category: Articles, News

    Yesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.

    We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.

    General Visa Number Trends

    Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.

    With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications

    Visa Bulletin Predictions � Employment-Based

    Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months� visa numbers, the rate of cutoff date movement may change.

    EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.

    EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months � by one or two weeks at a time for the next few visa bulletins.

    EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins � perhaps by one or two weeks at a time.

    EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.

    Visa Bulletin Predictions � Family-Based

    Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.

    FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.

    FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.

    Conclusion

    Mr. Oppenheim�s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.




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  • bkam
    06-26 12:59 PM
    This and many other threads have undoubtedly a huge racist component and we urge the administrators to quickly remove them.
    You don't deserve to get a green card!
    What is the difference between that anti-mexican speech and Sensenbrener's & Tancredo's theories?:(
    We could say" We are not going to worship cows and take ritual baths in dirty rivers..."
    Shame on you!
    Dear mpkmaster, it is easy to ignore facts and throw stones like "your are rasist". And it is not easy to face the reality. Since you are so smart, I would like to ask you some questions:
    1. Why there are long immigration lines in the US, Europe, Australia, Canada, Singapore etc, and almost none for Mexico, Latin America, Middle East etc. Maybe because these countries a full of "racists" ?
    2. Tell me why some some people/countries can manage their economy and become attractive centers for immigration and other are just hell holes. There is a huge difference between Japan, S. Korea, China and N. Korea and they are populated by the same race - what has racism has to do with that ?
    3. Why did you immigrate from your own country?

    I will tell you one thing - due to my profession I have visited most countries in the world, including India. And definitely have a better understanding what is racism, what is protectionism, what is laziness, stupidity etc. Do not hide all these behind "racism", won't work...

    Come on, Admin, delete quickly this "racist" evil message :-)



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  • simple1
    05-04 11:24 PM
    wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!.

    That is not me.

    http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7[/url]

    (d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    same status = denied, paroled etc.
    same order of consideration=Priority date which depends on petition for both primary and derivative.
    I agree with the above two.

    "respective subsection:" here means derivative�s corresponding/respective subsection (family) not primary's or petition's. It is the situation of individual that matters not primary or petition.

    Take time to read (b) Preference Allocation for Employment-Based Immigrants.
    You will find that the eligibility for EBvisa and quota usage are clearly documented. None other than the primary can use the quota. The ebdependent cannot get an ebvisa. so ebdependent cannot use ebquota.




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  • test101
    07-10 08:11 AM
    maybe we can do web fax ,. so members can fax these information as well, and the media knows they need this .. can this be done?



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  • technoboy
    10-08 01:45 PM
    July 3rd at 9:03 received by R.William
    --------------------------------------------------------
    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    bluesky1
    greener_pasture

    July 5th
    ------------------------------------
    chalamcharla
    mbsac

    July 9, at 11.07 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    krustycat

    July 11, at 11.24 am at Nebraska signed by F.HEINAUER
    -----------------------------------------------------
    technoboy

    July 13, at 11.11 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    gcnm04

    July 16, 9:00 am at Nebraska signed by R Pitcher
    --------------------------------------
    viveckj99
    gcspace

    July 16, at 11.16 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    fetch_gc




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  • Karthik Thambidurai
    07-13 06:24 AM
    Just woke up to NPR morning news ... nice coverage on the July bulletin.



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  • sankap
    07-10 04:58 PM
    @chanduv23:
    Folks, here is what I am able to gather by self employment

    (1) One can be self employed
    (2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
    Self-employment is possible only on 1099. If you're on W2, you're *not* self-employed. Pls see IRS guidelines (links above)

    (3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
    (4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
    That's *your* interpretation of "legitimate." If you're self-employed and looking for contracts, your business is "legitimate." Since there's no clear definition of that from USCIS, DOl, IRS, we can *assume* your self-employment in similar occupation is legitimate. If you've a business, you can't guarantee biweekly/monthly cash flow--again, no guidelines from USCIS on that.

    Correct me if I am wrong




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  • javadeveloper
    07-20 09:12 PM
    IF you are in such a big hole, you will have to come forward and work for yourself. We want others to work for us and solve our problems. That is my issue here. With 11.25 K EB3 members we would have still collected quarter million bucks.(@ 25$/person) If EB3-I does not care for itself, why would anybody else give a damn? (PS : I did contribute for the drive as I want everybody's issues with respect to GC resolved, not just mine)

    So, the original post still stands true.

    Problem was ours (EB2 & EB3) and we fought together until EB2&EB3 dates were retrogressed.Now the problem is only for EB3s so EB3s only have to come forward and work for ourselves. Thank you Sir...

    What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?



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  • Ramba
    04-20 03:50 PM
    First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.

    The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.

    However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.

    Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.

    I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...

    Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.

    Also, IV should advocate on not to have any restrictive interpretation in final regulation.




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  • arunmohan
    05-08 03:26 PM
    Please some one has take a lead. I know a very good attorney i.e. Visanow.com. We should try to contact them and find out what are possibility we have to remove the country cap.

    some of EB3 folks formed a group to fight for this but EB2 did not participate because they were thinking that they will get their GC sooner or later.

    This is a time to fight together.



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  • abracadabra102
    07-28 11:31 AM
    It is indeed sad that you continue to pontificate from a perch of indifference and ignorance. We all know that the entire EB immigration system is not a zero sum game (just ask Ron Hira and his ilk). Sad thing is, when it comes to EB3 I's, EB 2's such as you suddenly transform into a Ron Hira lite ... going about throwing broad hints about how the system is setup the way it is ... to serve those 'higher in the pecking order'.

    If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?

    Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.

    For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?


    1) You are "a highly educated (for those that care) Executive that went to Top Private Universities in the US"
    2) You built a billion dollar corporation
    3) You are threatening to have all EB2 applications audited if your point of view is not accepted by someone

    You need help. Go see a shrink.




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  • ArkBird
    09-09 07:07 PM
    Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)


    Fcuk!

    Just when I thought about quitting Drinking... Oh Well... back to the booze...



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  • guy03062
    07-06 07:44 PM
    30th June.

    Hey when have u mailed ur papers?????29thjune or 30th june and when is ur PD?

    vaishhu




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  • tonyHK12
    02-11 01:47 PM
    thanks bkarnik for your contributions
    Thanks to IV core and Senior members for their work on the STEM bill. Now its up to everyone else to do their part.

    Amount raised = $2300.00
    Contributions needed = $47,700.00



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  • Gemini
    10-04 10:05 AM
    Hi,
    I 485 reached Nebraska on 3rd July, received by F.Heinauer 11.14 AM. I140 approved by Nebraska. Checks encashed today by Nebraska. I think, atlast, they started digging the 2nd and 3rd july filers applications. Hang on guys we should be getting the reciepts soon.




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  • gsc999
    07-09 03:07 PM
    One more...

    Just a reminder..

    Make and take some big posters (small with BOLD letters would help) with you...just the gathering wont help that much unless we have some big poster in hands. This would help if we are pictured by media.
    --
    Thanks for your suggestions. Any specific content. Guys let me have some suggestions on the content that we should put on the banners for the San Jose rally on 07/14




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  • sparky_jones
    08-29 08:42 AM
    485 Package received at NSC on July 23
    No receipts, no checks cashed
    I-140 approved TSC June 2007
    I-140 LUD 8/12/2007
    EB3 - India
    PD - 8/2003




    ca_immigrant
    02-01 11:48 PM
    All the best asdcrajnet.. Both countries are equally good, we have lived in both.. so we know how to adjust..

    Few points that you may need to find out before you go..

    1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
    If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
    2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.

    Everything is good back home but there are few issues which I see are a problem,

    1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
    2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
    3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.

    For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.

    All the best in whatever decision you make. Everything is for good :)


    Is OCI an option ? I am actually a little confused as to what happened to the OCI option now a days ?
    My daughter is 5 and is a US citizen and we got an OCI for here in 2006.

    Now we have a son who is 5 months and looks like OCI is not an option anymore...and we will have to get a PIO...

    Also I think for the PIO route....you have to report to the police...only if you are above 18....

    On bribery...I know it was a big issue before...but I thought people are more scared to take bribes now a days due to the way there are hidden cameras everywhere...
    I magine taking ur iphone and trying to bribe a cop back home (while recording) .... -:)

    yes, I myself have bribed some idiot policemen , when I was still in India in 1999-2000.
    ek tho paise lethe hein aur upar se chilate bhi hein...they take moeny from you and also yell at you...(yes when you are quite younger they do not respect you and just take money from you for all weird reasons)
    ...I wish I had a iphone then which could record the @#%#$^%$^




    zeta7
    03-23 11:35 AM
    First of all, when you land in Canada, do not tell them that you are there for a short while and you will go back to USA may be next day. They dislike it. I wasn't given the best treatment and they did not put a request for PR card in the system. It is their way of penalizing you for having Canada PR as a second option. I came back to USA very next day by road and called CIC Canda, they took my friend's address in Canada and mailed the PR card. She said, Immigration officer should have put a PR card request in the system. Canadian immigration officers very well know that there is 200 mile long GC line in the US and people are using Canada as a backup plan. I guess they dislike being a "backup plan".

    Now, let us say that your US VISA is expired on your passport, you can still go to Canada and come back to USA after claiming your PR status in Cananda. Automatic VISA revalidation rule gives you the ability to come back to USA even with an expired VISA but approved I-797 under 2 conditions -
    1. You stayed in Canda for less than 30 days.
    2. You did not apply for US VISA in Canada and got rejected.

    One more thing, when you fly back from Canada to USA, your immigration happens in Canadian airport itself. So you will land in US domestic airport and walk as if you are coming out of a domestic flight. Hope it helps. Good Luck.


    Thanks for the reply kumar1. However, I never left the country after changing from F1 to H1b status, so I don't even have an "expired" H1b visa stamp in my passport, just an expired F1 stamp. I don't know if that will complicate AVR, so was planning on using my AP.

    Were you in a pending 485 when you returned after landing in Canada? Any issues with US immigration? That is my main concern; I especially don't like the idea of having an RFE attached to my 485 because of this.

    Also, can you comment on this plan I've been considering: I'd like to visit India too, so how about if I fly to Canada, get my Canadian landing taken care of, then fly to India from Canada, spend some two weeks in India, then return to the U.S. using my AP. Can you think of additional potential problems there?

    Thanks!



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