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  • krishnam70
    06-18 11:23 AM
    Well, if u have made up ur mind just based on some post(s) (which by the way, may or may not be true and even if true, do u know the minute details around that case like country of origin, was H1 overstayed etc...etc...?), then no matter what I or anybody else suggests, u will still counter by showing that ONE little post. Do a google on AP with canadian landing and u will see many successful cases. So, tally between the successes and failures. I can guarantee u that for atleast every 100 successes u may (or may not) see one problematic case. The general mentality is, well, there was one failure case...so, will I be the next to be caught? U will completely forget about the success cases. Even if its a problematic case, its not like the end of the world for them. They are still given a chance to re-enter USA.If everything goes wrong, then big deal, Canada beckons. Again, its my point of view.

    So, my final suggestion to u is...."Its ur call. Do what ur mind says". If I were in ur position, I'd have taken the risk and I have laid out my points of views in my earlier posts. But for u, I'd only say..."Its ur call".

    Folks this is personal experience

    We during the endless wait for the elusive GC decided to have back up plan. So applied for Canadian PR in March 2003. The Mandatory 52 weeks were in progress when I had to move out of the city from where we used to reside. So I completed the formalities of informing the Immigration dept of canada about the change in address. After 48 weeks we received a letter from the Canadian Immigration to proceed for Medical examinations and finger prints> We completed both the formalities and within 2 months received the request to send out passports for Stamping. In June 2004 we completed the formalities of getting the passport stamped. Meanwhile here in the US we had already received LCA approval and filed 140 and received approval for the same also but we were not hopeful of the GC itself.

    In July 2005 we landed in Canada through Detroit. Drove all the way to Toronto. We were keen to complete all the minimum formalities required like setting up a bank account, applying for SIN etc. We stayed a a friends place and completed the formalities next 2-3 days and then drove back to the US.

    Immigration status:
    My H1 had expired( 6 yrs completed) Feb 2005 so moved on to EAD. During the entry back to US they did not ask any questions. They asked when we entered US etc and general questions about work for which we replied. Questions about AOS were not asked as it was pretty apparent we were in AOS. The IO scanned through the entire passport and even saw the immigration stamp by canadian consulate and did not comment on it. I guess the answer to any potential questions would be that you will let go of the Canadian PR in case you get your US GC. As far as I know there is no statute or directive that IO should cancel the existing US GC process in anyway. The choice of choosing your country of permanent residence is yours I do not know/think if IO has any say in that.( I might be wrong may be we were lucky). Long story short.. We entered back to the US. Subsequently we got our GC cards which were collected by another friend who was visiting Canada and brought them back to the US. This year July is the last window of oppurtunity for us to go back to Canada.

    We did spend close to 2500$ for the whole process if I counted right.We filed ourselves. It was a valid back up plan for the position we were in. I have had 2 more colleagues of mine who were in the same situation and applied and got their Canadian PR's in the same way and no issues when entering back to the US. One of them even goes to canada every few months to show he is working out of Canada and goes out on consulting jobs. He is maintaining a virtual phone number in canada for any contacts that gets routed to his US number if somebody calls.

    Any call to go this route is purely personal and one person's experience is not a yardstick to say that is the norm.

    - cheera




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  • sreeanne
    11-21 10:11 AM
    I was stunned by seeing this thread. my heartfull blessings for you and your family to handle this situation.

    I am not sure how things works. But couple of months back i read somethings in the below line.

    There is an organization working for people like you in immigration process. This org started post 9/11. As there were lots of people died then and their spouses dont want to back to their countries and want to live here etc etc. There is a way in IMMIGRATION where IF spouse want to stay where their partners dies due to their memories , they can grant some kind of visa or status. I read this long back. may be you can try that way and as always good lawyer help is needed to go through.

    Once again, god bless you and your family




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  • snathan
    02-10 10:38 AM
    Sent $25 by DCU bill payer: Conf# 8MWJ0-YG7FV

    Thank you and its $944




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  • StarSun
    02-23 08:43 AM
    Take part in something positive and help IV help you. Join the advocacy efforts - Register (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36)



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  • ramus
    07-08 05:57 PM
    I was working on DC but so far just received 30 votes..

    Like I said I will talk to core members if only we have 1000 members who wants to do it in DC on July 14th.. So many members are online but they don't even want to take a poll.. I don't know what to expect from members..


    Hi,

    I have thrown a challenge to IV DC chapter about who will get a bigger gathering on 07/14, San Jose or D.C.

    Our Chinese friends are also posting this at Chinese grocery store, on websites and also at local news forums.

    I need volunteers in bay area! Please send me a PM with your e-mail address, if possible phone numbers and a good time to contact so that we can spread the word in Bay area. I already have one volunteer need more.




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  • shaq
    05-19 01:13 PM
    I am waiting for FP .Even I have called TSC having intention to open SR ,i got the reply all files are up to date and they can not open SR for FP ...Files indicate that FP is complete.(God knows what they mean,whose fingerprint they have on my file) ....I have not given any FP so far except at the PORT of entry .

    Have you received your FP?



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  • gc28262
    07-19 07:56 PM
    My thoughts:

    I understand and share the despair and hopelessness felt by EB3 guys.

    Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.

    Spillover issues:
    Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.

    If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.

    Here is an official IV discussion about spillover rules:
    ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)

    Visa spillage rules
    There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.

    If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.

    Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.

    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that

    (1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);

    (2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).




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  • desi3933
    06-28 11:47 AM
    desi,

    All the points you mentioned are valid and sensible from a business perspective.

    In case, you didn't read, I said valid legal reasons.

    Here is text from my post

    Many reasons. Pick any one of you choice.
    1. Employer does not want file H-1B this year at all.
    2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
    3. This job is permanent and H-1B can be filed only for temporary jobs.
    H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
    4. H-1B quota is over (if applicable) and employee is on F1 OPT.
    5. In past, many H1-B has been rejected by USCIS for this job position.
    6. The job does not qualify as specialty occupation under H-1B

    All of these reasons are valid legal reasons. One more time, valid legal reasons.



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  • geevikram
    07-20 09:40 PM
    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...

    No, you are twisting what I said. My point is, if you are not willing to help yourself, why do you expect people who are going to be current in a year or so to chip in? You can start helping yourself by becoming a regular donor to IV. That's $25 a month. Imagine 11,000 odd EB people becoming regular donors. Maybe, IV can then run a regular ad in major news network, explaining our plight.

    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?

    I never said EB3 will have to fight it alone. All I said is, 90% of EB3 folks stuck in the rot of backlog want someone else to take the lead and do it.

    Again, please do not twist what I said. I rest my case.




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  • yabadaba
    05-05 10:54 AM
    could the admin who deleted my post please pm me



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  • mike_2000_la
    06-11 05:29 PM
    ND = 06/01 and RD = 06/06? how come ND is earlier than RD, when did you send in your application?




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  • ilikekilo
    04-30 01:09 PM
    http://www.immigration-information.com/forums/showthread.php?t=4285&page=53


    I guess it might be as well for eb3 ROW.. EB3I...well I would be happy if it moves fwd 6 months..



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  • amitjoey
    07-09 05:54 PM
    Hello <TV station name>:

    I am writing to you to give you a heads-up on a news story which is
    about to happen on July 10th 2007. If you have been following the
    issue of Immigration in the news lately, the United States Citizenship
    and Immigration Services (USCIS) along with the Department of
    State(DoS) announced an update to the July Visa bulletin essentially
    eliminating any chances to apply for "Adjustment of Status" aka. the
    last stage of the Green Card/Permanent Residency process. This
    bulletin was was originally published during the mid month of June
    inviting all legal immigrants to apply for Permanent Residency.

    The Visa bulletin is a formal communication method to all Immigration
    adjudication officers and personnel in National and International
    consular offices of the United States of America, advising the
    personnel of the availability of Permanent Resident visas which are
    capped at 140,000 a year worldwide. The system has already forced many
    delays and approx. 400,000 applications are back-logged.


    This update was released on July 2nd, the first business day for the
    month of July. Thousands of dollars were spent in legal fees and
    medical examination fees by some 200,000 highly skilled legal
    immigrants who chose to follow the rules and abide by the laws.

    Several lawsuits have been filed against USCIS and DoS asking for
    reimbursement of legal and medical expenses by AILF (American
    Immigration Law Foundation) and AILA (American Immigrant Lawyers
    Association).

    The Legal immigrant community backed by ImmigrationVoice.org (a 15,000
    strong group representing the Highly Skilled Legal Immigrants
    Community) is resorting to a unique way of protesting this decision.
    We have decided to take a leaf out of Mahatma Gandhi's book and send a
    dozen flowers to the USCIS Director Emilio Gonzalez as a way of
    protesting against this debacle brought upon by the high handedness of
    the two departments.


    Please find attached the Press release from ImmigrationVoice detailing
    this protest.

    As always, you folks at <TV Station> have always given unbiased coverage to
    events, both local and nation wide. I hope you will cover this story
    and bring to light this case of cheating by the USCIS and Dept. of
    State.

    If you have any questions, please do not hesitate to contact me @ <your-number/contact info>


    Best regards,



    <Your-name>


    REFERENCES:
    -----------------------

    http://www.immigrationvoice.org

    News recording of the Coverage by NBC Nightly news:-

    http://www.youtube.com/watch?v=RVhgb6yoc8w

    Thanks for your efforts, this is exactly what we need.




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  • gc_eb2_waiter
    11-30 03:51 PM
    Please check your message.



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  • Leo07
    11-17 07:54 PM
    just
    1,747 Letters and Emails Sent So Far

    :(




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  • mhathi
    10-08 02:55 PM
    Nothing is as easy as it seems. Even for a small ask item, there is a lot we have to invest. If people show up for chapter meetings, come for lobby day and rally, contribute and volunteer for the cause.. then we can increase our chances of success.

    I looked at the profiles of people on this thread and a lot have not even completed their profile information. While we want IV to do things for us, we do not want to do what IV asks us to do. One cannot expect to get things done by anonymously posting a want list and expecting others to do the job for them.

    If anyone wants their ideas to be the agenda of IV, they must come forward and get active in the state chapter. Through state chapters you will know the updates and have an opportunity to help, suggest and even lead your ideas in IV.

    Well said! Guys, people who say "IV should have this and that as topmist priority", remember that IV is a GRASSROOTS organization. Which means that if you want something to be on IV agenda, take the leadership for that item in your state chapter and lead it yourself. IV is not some big corporate or government entity that has a board of directors. IV is YOU and ME.



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  • gimmeacard
    09-09 08:58 PM
    How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.

    Stop it, disgraceful statement, I am a North Indian and can state that the most help i have attained is from our brothers/sisters of South.

    attempting to divide india is something Brits used cuz of people like you.

    North or South India comes first




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  • go_gc_way
    06-21 09:23 PM
    Does any one know what is the time table for SKILL, PACE?

    If I understood correctly, SKILL BILL will not tabled unless CIR is dead?


    Assuming CIR wont be there in end of July, what would or how SKILL or PACE get a chance to be discussed?




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  • rc0878
    09-20 01:13 PM
    seshuvaidehi,

    You can use the following link to check the status of any application. Simply enter your WAC receipt numbers -:

    https://egov.uscis.gov/cris/caseStatusSearchDisplay.do;jsessionid=baclUg5aAK5E J5v5t4Jur


    Also you can use the same link to register your account, that ways you will automatically recieve an email, once there is an update on your case.

    Good luck!!!!!

    Labor Certified in June 2006-India
    I-140 approved Dec 2006
    I-485 filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
    EAD filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
    AP filed on July 23rd 2007 > Checks got cashed > Got Recipt : WAC ###

    How do I check if EAD card has been ordered and/or AP approved?

    Your all are awesome and Thanks to Immigration Voice.




    beautifulMind
    10-08 05:24 PM
    So you are laid off so what is the big deal? You should be able to negotiate somehow or escape layoffs by doing something or the other. There are people in my company who survived 6 layoffs. Your layoff is your problem and nothing is fair in the globalization.

    Actually my company went bankrupt and eventually everyone got laidoff...


    I have paid taxes to this country for 9 years now and I deserve a GC.

    We have had to give up our dreams stuck at the same job for 5-6 years..Did not take promotions, pay hikes with fears of screwing up the GC process...many got laid off....

    The process is just screwed up..no other country follows it and it is the same process from last 20 years...




    anzerraja
    07-19 08:36 PM
    Thank you !!!


    Pledging 200$ for this cause. The moderator of this thread let us know how and when should we send this amount.



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