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  • cableman
    05-10 06:27 PM
    Does anyone have a comment on this ?

    I got this from: http://www.cic.gc.ca/english/pub/imm-law.html#act12

    Permanent residents

    Persons who have been admitted to Canada as permanent residents have the right to come to the country and remain here, provided they have not lost that status or it has not been established that they have engaged in activities, such as criminal acts, that would otherwise subject them to removal.

    Conditions may be imposed for a certain period on some permanent residents, such as entrepreneurs. A permanent resident must live in Canada for at least 730 days (two years) within a five-year period. In some situations, time spent outside Canada may count. All permanent residents must comply with this residency requirement or risk losing their status.


    According to the website, you will lose your status if you go to Canada in the 5th year because you won't be able to attain the requirement of living in Canada for at least 730 days (two years) within a five-year period. Actually, after you pass your 3rd year, you will be in risk for the permanent status.





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  • eb3retro
    07-30 04:40 PM
    Lot of Amway guys are hiding among us.

    There are lot of Amway guys on this thread making fun of Amway because they fear being ridiculed. But in their real lives they are actually doing Amway business and catching other desis in Walmarts.

    This explains why I got so many reds and bad comments after starting this thread.

    here you go..this dude is back ranting again..





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  • villamonte6100
    02-15 12:05 PM
    I myself wanted to have my greencard NOW!!!

    Unfortunately, I have to wait until there is a visa available.

    Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.

    Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.


    Their hands are tied.

    USCIS cannot do anything because they are just following the law.

    Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.

    I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.

    CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.





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  • rbalaji5
    03-30 02:29 PM
    Do some research on Nuclear deal and see what it will bring to India in the next couple of decades. And tell me what Mr.Advani brought us when they were in power.

    We need food and shelter to sleep than Nuclear Deal I like your Future prediction of Nuclear deal.!!. (obviously, we are hungry and looking for food and place to sleep :)

    Letz change the Govt and see what will they do in future. (We did n't see anything big with Congress for the past 4 decades -



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  • HopeSprings
    09-24 01:41 PM
    The calculation done by Bharatpremi seems to have flawed while calculating spill-over. Spill-over is first by preference and then by country. That is how till VB of August 2009, you see ROW EB1/2 was current and ROW EB3 was U and EB2I was in 2003.

    Now, considering spill-over by preference first, the following could be a conservative analysis:
    I am trying to see if EB2I can cross Dec 2006 by end of FY2010. So, we will consider only those cases that might be placed before EB2I PD as Dec 2006.

    Consider all the pending EB(1+2+4+5) cases reported so far for ROW, China, Mexico and Phil and add it to pending EB(1+2+4+5) cases for India till end of 2006. The number is around 68000.
    Assumption (the numbers for FY 2010 for cases that might be placed before an EB2I case with PD Dec 2006) -
    - All EB4/5 cases till end of 2010 FY - 2000
    - ROW, Mexico, Phil EB1/2 - 8000
    - EB1 I/C - 1000
    - The new cases from EB2C (PD Sep 2009 onwards) will not be placed before EB2I PD Dec 2006

    Assuming cases cleared in the month of September - 4000 (around 7000 are eligible based on the cut-off date).

    Total visa numbers required to clear off EB2 till Dec 2006 = 68000+2000+8000+1000-4000 = 75000

    Visa numbers available for AOS for EB (1+2+4+5) in FY 2010:
    Assuming 15% go to CP.
    Total number for AOS = 119000
    EB1 (28.6%) - 34034
    EB2 (28.6%) - 34034
    EB4 (7%) - 8330
    EB5 (7%) - 8330
    Total Visa numbers available for AOS for EB (1+2+4+5): 34034+34034+8330+8330 = 84728

    So, total number needed to move EB2I past Dec 2006 is 75000. Total available for this cause is around 84000. If USCIS uses all the available visas, spills over only during last quarter and maintains Preference-first spillover policy, I think the visa dates will move well ahead of Dec 2006 by end of FY 2010, most likely in the following way:

    Oct 2009 - Dec 2009: Jan/Feb 2005
    Jan 2010 - June 2010: Mar/Apr 2005
    Jul 2010 - Sep 2010: Feb/Apr 2007





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  • krishmunn
    06-15 01:17 PM
    What is your solution to remove retrogession. Recapture bill may fetch you gc but not for all persons and after 1 or 2 years again backlog will increase to similar level. Permanent solution will be increase annual gc numbers and restrict H1b and L1 based on requirement. You are not going to get unlimited GC numbers any time but L1 numbers are unlimited(about 80k in 2007) and H1b numbers were 125K in 2007. In this situation if there is annual cap retrogession is going to become worse if atleast 50% of H1bs apply for GC every year.
    This year numbers were much less due to recession,rfes and denials. But due to 195k H1bs issued upto 2003 Eb3 will not improve for another 2 years.

    "H1B numbers were 125K in 2007"
    Holly cow ! I always thought H1B cap is set to 65K (except for a few years in early 2000) :-)

    The 125K which you mentioned is popularly used by anti-immigrant lobbys to push their argument. It includes all H1B transfers NOT only the fresh H1.
    So, if X get his H1 in 2006 and change to a new company in 2007 , you will count X against 2006 as well as 2007 giving a false number. However, if X applies for a GC, it is not 2X applying for GC --- just X .

    Recapture bill will help a lot in clearing the backlog. For future EB GC, if the dependents are not counted for immigrant visa, it will be much cleaner. Not all L1 and H1 apply for GC. Mostly the major Indian IT companies DO NOT sponsor GC (and as you know they are the major users of L1).



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  • legal_alien_007
    07-10 02:24 PM
    nicely written.. i wish u all the best





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  • snram4
    01-24 05:41 PM
    If most members are opposing the memo that is fine for me. I will take neutral Stand. Anyhow best wishes for winning the lawsuit if you file and win

    I am not sure if this snram4 is sadist or outright idiot. On more than one occaction couple of guys spit on his face and still he is not bothering and enjoying that. Reponding to his thread is simply waste of time. I dont know if there is a special category for GC and thats what he got.

    I am simply amazed how stupiid he is. When this thread started there were couple of people supporting this memo. Once they understood no longer they are supporting. Snram4 is the only guy still supporting and talking all nonsense. I tried to educate him but failed miserably.

    snram4...whatever may be the case whether people are going for law suit or not, You are not going to add any value with your pea nut size brain. Why dont you simply go away rather than talking all nonsense and wasting everyone's time. No one is bothering you or stupid comments. So many people asked you to go away...why dont you consider that for GOD shake.



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  • stemcell
    06-01 02:28 PM
    The only solution , to all our problems, is a LAWSUIT.
    The earlier some one has the balls to do it , the better it is.

    what lawsuit :confused:
    whom are we going to sue? USCIS for following what the congress has laid out....
    i guess what you mean maybe is sue the congress.....:D





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  • stupendousman11
    09-12 05:48 PM
    Here's my situation:
    - H1B visa in the 6th year
    - I140 approved
    - I485 applied July 2 '07
    - EAD and AP available

    I am getting laid off on Sept 30, but will be on salary and benefits continuation (SBC) for 5 more months until Feb end ie. I'll be paid 100% of my base salary on a monthly basis. Assuming that I don't have another job offer by end Feb, my questions are:

    1. What is my H1b status Oct 1 onwards? Am I still on H1 until Feb end? Or does my H1 get revoked the day the company intimates USCIS/INS?
    2. How long do I have after Sept30 to find and job and retain my H1 status?
    3. I have read somewhere that if there is an employment gap on an H1 the H1 transfer may get approved but I'll have to exit the country and get back in again. Is this correct?
    4. Since I have an EAD, am I safe? Can I stay unemployed on an EAD?
    5. My current EAD expires Oct 24. I had applied for a renewal Aug 6 so don't expect to get it before the Oct 24. Will this gap in EAD cause an issue with regards to my GC process or ability to stay in the country?

    Thanks.



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  • rajesh_kamisetty
    07-10 02:25 PM
    Changed my mind. Updated my message. I appreciate your defense.

    please dont speak on behalf of everyone....speak for urself....and do us a favor...did all those folks from AP came to you and suggested that they can only breathe,live and die in usa....congratulations...you just became eligible to join the elite club of stereotypes with your narrow minded mentality........thankx...





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  • Vishal2007
    05-02 12:46 AM
    read Indian history, you know how Gandhiji is self-fish.



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

    Thanks





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  • sgmavinkurve
    07-21 02:25 PM
    I've also been approached by Amway people both in the Bay Area and beyond. I despise their tactics and their deception as much as (or more than!) anyone.

    But let's not let it affect our community. Let's not let a few bad apples ruin that unmistakable bond we feel in America when we spot a fellow desi from afar. Now, any time I approach a desi to make a friend, I state in a jovial-yet-serious way, "don't worry, I'm not one of those Amway guys!" That's obviously not the first thing I say, but I make sure to throw that line in during the first minute or so of the conversation. If the fellow desi knows Amway, it gets a laugh, "oh, phew, that's a relief!" Once at an IKEA, I saw a desi who seemed to be following me. Turned out he wasn't following me at all. I asked him in a clearly joking tone, "Please tell me you're not with Amway!" He burst out laughing and we became friends (needless to say, he was not with Amway!).

    So why don't we all agree on a similar approach? If we meet each other in public, let's simply state that we're not with Amway. And if you're accosted, simply ask that person if they're affiliated with Amway. Plain and simple.

    How does this sound to others?



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  • kshitijnt
    03-29 11:20 PM
    So am I , I'm sure so are may others on this forum and in India.

    Like I said earlier, in my previous post I just summarized the performance of the last govt.So I'm sure you and others agree Congress won't get us where we want to be.(They didn't in last 5 years and look at my previous post to know where they got us)

    But looking at what is unfolding in India these days our simple and realistic ideas some how seem very far fetched .

    what's going on with Varun Gandhi?Current political scenario in India is kind of reminding emergency times. NSA has been invoked on Varun Gandhi.
    Those politicians are making fun of law.They are using NSA to finish political opponents.
    NSA is meant for nation's enemies not for politician's enemies.
    During emergency time a nation when asked to bend crawled.Hope nation stands up against the similar kind of abuse this time.

    Looks like if we have power in India we can do anything we want. No wonder all the successful film stars are jumping into politics at least in Tollywood.
    It happens only in India.


    Precisely. I fully agree. This is not much different than what Zardari is doing to Sharif or what Musharraf has done to Sharif. Congress , BJP, BSP all together shown the world what kind of third rate democracy we are.

    Although Advani does not sound more polished than Manmohan, until Sonia, Rahul, Priyanka & Varun are out of politics, I do not intend to support Congress party. On what basis is Sonia Gandhi running the country? Any qualifications? Advani is more acceptable as a real power holder than remote control Sonia.





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  • Macaca
    06-28 10:52 AM
    At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
    Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.

    VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates. If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."

    This is talking about numbers available for next regular allotment. This number could be the number remaining for current year (which is what I think it is).

    It is not saying that there is a monthly/quraterly quota. I have not seen monthly/quarterly quota in any USCIS document but then I have not read most of them.



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  • desi3933
    07-29 12:28 PM
    ....
    ....
    This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
    ....
    ....


    I agree with this comment. Starting Oct, EB2-Ind is likely to retrogress to 03/2003 to 06/2003.

    __________________
    Not a legal advice.





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  • bestia
    02-13 11:44 PM
    What rights did the Natives have in the 18th and 19th centuries when Europeans invaded their lands, and massacred most of them? Did they respectfully ask the Natives if they could immigrate? No? They walked in as if they owned this land. As a Canadian, I'm ashamed to say that this happened in my country too.
    ....

    That's an old story. The answer is: "if someone commits a crime, it doesn't give you right to commit crime".

    Why not go back and say "Well, Homo Sapiens themselves 150,000 years ago migrated to Europe from Africa and exterminated native Neanderthals. So why don't we just go and exterminate Europeans today and take Europe?"

    If it wouldn't be Europeans, there wouldn't be technological advanced United States and we wouldn't want immigrate here. We are not migrating to Kongo or Sierra Leone, don't we?





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  • akred
    02-15 07:26 PM
    My point is that the immigration laws of the United States were racist until the 1952 INA act. They specifically placed quotas on people based on the color of their skin. Today's restrictions, while bizarre, unreasonable and unfair in many ways, cannot be defined as racist.

    Sure it is. Check the UN definition.

    http://www.unhchr.ch/html/menu3/b/d_icerd.htm

    ...any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.





    shensh
    02-15 11:33 AM
    No, the intention behind the 7% limit is to protect levels of European immigration and address racist fears of immigration from the 3rd world. This was also the intent behind the diversity lottery - notice the consternation that the diverisity lottery is primarily benefiting non-Europeans.
    What is the basis of your claim my friend? What is the "racist fears of immigration from the 3rd world"? Do you know that "traditional" European country such as UK is not even qualified for Diversity visa?

    Please do not spread fear based on your narrow understanding of the law. UN is right in pointing out that every law has and should have an equalizer.

    Please read this from US Dept of State:

    "Diversity visas are intended to provide an immigration opportunity for persons from countries other than the countries that send large numbers of immigrants to the U.S. The law states that no diversity visas shall be provided for natives of "high admission" countries. The law defines this to mean countries from which a total of 50,000 persons in the Family-Sponsored and Employment-Based visa categories immigrated to the United States during the period of the previous five years. Each year, the USCIS adds the family and employment immigrant admission figures for the previous five years in order to identify the countries whose natives will be ineligible for the annual diversity lottery."





    yetanotherguyinline
    09-04 07:59 PM
    yetanotherguyinline,

    You may not care, but many members do care about what's happening in India.

    I deeply care about what is happening in my motherland. But this is not the right forum to discuss these issues. Immigration voice is a organization that represents skilled immigrants seeking to emigrate to US and I believe the type of conversation in this thread is not representative of legal immigrant's views (including the majority from India). What we post on open forum is available to everyone and can be used against us in future for propaganda purposes.

    I will probably not respond to future posts but I request admins to consider closing and deleting this thread.



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