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rkdownload
01-23 10:59 PM
It's getting tough day by day on H1b extension
Read this case
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=3121052681
Read this case
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=3121052681
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la6470
10-17 01:24 PM
Is it too much to ask Google to put a Diwali logo like it does for Hanukkah or Christmas .. at least if not in google.com but in google.co.in?
Also is it too much to expect American mainstream media to totally NOT ignore Diwali which has significance for the second largest population in the world and instead publish significantly less significant story of the balloon boy?
Is it too much to ask for to include Diwali in the spell check for this editor? (Not wailing or Gwalior ...)
It is this mentality of deliberately ignoring the feeling of majority of the world population that is getting the western civilization more and more isolated and retracted.
Well it doesn't really matter. And I am visiting India now and I can see that this country and China will definitely kick ass of Western civilization .. as it is already doing. The people here are hungry for more and in spite of seemingly unsurmountable problems it will succeed and once again India will be the "Sone Ke Chiriya".
With this thoughts and wishing peace .. happy and prosperous diwali to everyone.
May Lord Rama bless the world.
Also is it too much to expect American mainstream media to totally NOT ignore Diwali which has significance for the second largest population in the world and instead publish significantly less significant story of the balloon boy?
Is it too much to ask for to include Diwali in the spell check for this editor? (Not wailing or Gwalior ...)
It is this mentality of deliberately ignoring the feeling of majority of the world population that is getting the western civilization more and more isolated and retracted.
Well it doesn't really matter. And I am visiting India now and I can see that this country and China will definitely kick ass of Western civilization .. as it is already doing. The people here are hungry for more and in spite of seemingly unsurmountable problems it will succeed and once again India will be the "Sone Ke Chiriya".
With this thoughts and wishing peace .. happy and prosperous diwali to everyone.
May Lord Rama bless the world.
Kalloo dada
04-04 01:46 PM
Some people are just getting married to US Citizens and getting green card. we are waiting for ever. my friend came here last year got married and have a greencard.
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Dj-Studios
05-19 12:32 PM
Sorry everyone I have been off-line for 3 days now. Someone's dog chewed through the cable line and I couldn't get on. I'm at school right now. Should be fixed tonight.
Thx Pom. I wish I kept most of the layers. Cause if you look at it now there aren't many. I merged most of them to keep the file size down. If I hadn't you might have been able to see more.*sob* oh well....thx for the nice comment...
Thx Pom. I wish I kept most of the layers. Cause if you look at it now there aren't many. I merged most of them to keep the file size down. If I hadn't you might have been able to see more.*sob* oh well....thx for the nice comment...
more...
inskrish
07-20 07:15 PM
My BC does not contain my mother's name. I am getting an affidavit from my parents to support my BC. Do I also need a document from Municipal Registrar similar to what is needed if Birth Certificate is missing? Thanks!
In your case, you have the birth certificate, so you don't need to submit the non-availability certificate. It is better you contact your municipal office and apply for your birth certificate with your mother's name included.
Regards,
IK
In your case, you have the birth certificate, so you don't need to submit the non-availability certificate. It is better you contact your municipal office and apply for your birth certificate with your mother's name included.
Regards,
IK
satish_hello
09-21 10:48 AM
I got my EAD Physical CARD for both of us, and AP Approved and received yesterday.Waiting for FP
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved @NSC .
I-485 - Sent July6th. @NSC----> Transferred CSC(WAC)---> back to NSC again.
EAD- Card Received
AP - Approved.
FP- ?
AD -?
---------------------------------
Contributed $100 for Rally.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved @NSC .
I-485 - Sent July6th. @NSC----> Transferred CSC(WAC)---> back to NSC again.
EAD- Card Received
AP - Approved.
FP- ?
AD -?
---------------------------------
Contributed $100 for Rally.
more...
insbaby
12-10 10:57 AM
I knew that slowly the antis are gaining more and more strength as a result the noose is getting tighter and tighter around us (and will eventually reach our neck). I didn�t expect this fast:
Texas change in driver�s license laws in last 6 months:
1) We knew that instead of the usual 6 years expiry date, they now want to see proof of visa documents and the expiry date is set to the expiry of the visa document.
2) If visa document is expiring less than 6 months, then we CANNOT get a drivers license.
Driver�s license laws - Latest Changes:
1) The driver�s license that all non-citizens will get will be Vertical and NOT the usual horizontal. This license looks very different than the conventional Texas DL and it also has to ominous word �temporary visitor�. I was okay with word being mentioned, but making the drivers license look so different from normal (vertical and not horizontal is taking it too far). I am worried about possible discrimination everywhere wherein we show our IDs.
2) Chance of Address not possible online: Previously, its only during license renewal, you had to get that new unique non-citizen card. Now, they are not allowing even change of address online! The website says, we don�t qualify for change of address online as well. This means that even for change of address, we have to go to the DL office and surrender of our old good unexpired DLs.
Any inputs? Texans? Others? What have been your experiences? In other states, can you change your address online without any hassle?
http://www.txdps.state.tx.us/administration/driver_licensing_control/LawfulStatusDLID.htm
http://www.texasinsider.org/modules.php?name=News&file=print&sid=4907
Thanks,
Thescadaman
Come on dude. Texas is very slow.
Be happy, at least for the most they give license at least to the expiry of the Visa. This rule has been in many states for several years. In Tennessee, it was impelemented in 2004.
Texas change in driver�s license laws in last 6 months:
1) We knew that instead of the usual 6 years expiry date, they now want to see proof of visa documents and the expiry date is set to the expiry of the visa document.
2) If visa document is expiring less than 6 months, then we CANNOT get a drivers license.
Driver�s license laws - Latest Changes:
1) The driver�s license that all non-citizens will get will be Vertical and NOT the usual horizontal. This license looks very different than the conventional Texas DL and it also has to ominous word �temporary visitor�. I was okay with word being mentioned, but making the drivers license look so different from normal (vertical and not horizontal is taking it too far). I am worried about possible discrimination everywhere wherein we show our IDs.
2) Chance of Address not possible online: Previously, its only during license renewal, you had to get that new unique non-citizen card. Now, they are not allowing even change of address online! The website says, we don�t qualify for change of address online as well. This means that even for change of address, we have to go to the DL office and surrender of our old good unexpired DLs.
Any inputs? Texans? Others? What have been your experiences? In other states, can you change your address online without any hassle?
http://www.txdps.state.tx.us/administration/driver_licensing_control/LawfulStatusDLID.htm
http://www.texasinsider.org/modules.php?name=News&file=print&sid=4907
Thanks,
Thescadaman
Come on dude. Texas is very slow.
Be happy, at least for the most they give license at least to the expiry of the Visa. This rule has been in many states for several years. In Tennessee, it was impelemented in 2004.
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jthomas
06-18 01:20 AM
now atleast we are used to calling lawmakers. Why don't you meet the lawmakers, contact DOL etc.. make sure you have another job in hand and you can do the transfer paper work. As far as my knoweledge one can have 2 H1B at a time but can only work for one.
Call the lawmaker and ask him you have a question and is it a law of this land. Ask as a doubt not a complain
Call the lawmaker and ask him you have a question and is it a law of this land. Ask as a doubt not a complain
more...
mrsr
03-04 01:34 PM
Pd_recapturing,
Thank you very much, My bothe I140 are approved. could you please tell me what all documents are needed. and if u by any chance have the pearson memo soft copy, please send it in me2rai@yahoo.com.
Thanks
Thank you very much, My bothe I140 are approved. could you please tell me what all documents are needed. and if u by any chance have the pearson memo soft copy, please send it in me2rai@yahoo.com.
Thanks
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bikrambaitaal
09-17 12:16 AM
So, the misrepresentation is due to entering in H4 after it is void or something to do with the H1 visa application?
more...
desi3933
06-25 02:22 PM
For adjustment of status you should be in a Valid H1.
Incorrect
If you get your EAD before Setp 16th then you can use this to work and you are safe.
Correct. However if you have H1 extension pending you can still work for H1 employer without EAD
If you dont get EAD you are basically out of status.
Incorect.
The person is in AOS Pending status.
So I suggest get your H1 Renewed Right away using Premium or regular processing.
Again this is my analysis check with your lawyer.
See above in Blue.
Not a legal advice
-----------------------
desi3933 at gmail.com
Incorrect
If you get your EAD before Setp 16th then you can use this to work and you are safe.
Correct. However if you have H1 extension pending you can still work for H1 employer without EAD
If you dont get EAD you are basically out of status.
Incorect.
The person is in AOS Pending status.
So I suggest get your H1 Renewed Right away using Premium or regular processing.
Again this is my analysis check with your lawyer.
See above in Blue.
Not a legal advice
-----------------------
desi3933 at gmail.com
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anilsal
09-28 11:19 PM
With premium processing starting/started for EB2, imagine the speed at which non-premium cases will be dealt with.
NSC has historically been slow.
NSC has historically been slow.
more...
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brb2
10-01 04:22 PM
The US fell in rankings primarily due to the Iraq-Afghanistan war which has cost $500 Billion to date and which contributed to the federal deficit. In addition to deterioration in the fiscal deficit, the trade deficit of around $60 billion each month is a huge risk to the US economy and could result in a sudden and large fall in the value of the US dollar. The ony reason that the trade deficit has not affected the US is because of the 70-90 billion that flows monthly in to the country through investment in treasury notes and the stock market. However in the long run either Europe and Asia have to consume more or Americans have to save more and not depend on the financing by the rest of the world. In the case of India, the public sector deficit which is a net negative to the Indian economy is draining the life blood of the economy and will be a long term drag on the economy particulary in areas such as water supply, electricity and other infrastructure such as roads and ports unless the public sector is made more efficient or it is privatized. With the left playing a larger than life role in Indian Politics, things may not change much in the short to medium term.
Here is the summary from the W.E.F. regarding the rankings:
The Global Competitiveness Report 2006-2007: Country Highlights
• Switzerland is number one in The Global Competitiveness Report for the first time, reflecting the country’s sound institutional environment, excellent infrastructure, efficient markets and high levels of technological innovation. The country has a well developed infrastructure for scientific research, companies spend generously on R&D, intellectual property protection is strong and the country’s public institutions are transparent and stable.
• The United States, previously in first place, continues to enjoy an excellent business environment, efficient markets and is a global centre for technology development. However, its overall competitiveness is threatened by large macroeconomic imbalances, particularly rising levels of public indebtedness associated with repeated fiscal deficits. Its relative ranking remains vulnerable to a possible disorderly adjustment of such imbalances, including historically high trade deficits.
• As has been the case in recent years, the Nordic countries hold prominent positions in the rankings this year, with Finland (2), Sweden (3), and Denmark (4) all among the top ten most competitive economies. The Nordic countries have been running budget surpluses and have lower levels of public indebtedness on average than the rest of Europe. Prudent fiscal policies have enabled governments to invest heavily in education, infrastructure and the maintenance of a broad array of social services. Finland, Denmark and Iceland have the best institutions in the world (ranked 1, 2 and 3, respectively) and, together with Sweden and Norway, hold top ten ranks for health and primary education. Finland, Denmark and Sweden also occupy the top three positions in the higher education and training pillar, where Finland’s top ranking is remarkable for its durability over time.
• Germany and the United Kingdom continue to hold privileged positions, ranked 8th and 10th, respectively. In the areas of the safety of property rights and the quality of the judicial system, Germany is second to none. By contrast, both countries score poorly for their macroeconomic environments, though Germany does less well. In both cases public sector deficits and rising levels of public indebtedness as well as a strengthening of the currency in both countries in 2005 are the main causes of this. The United Kingdom excels in market efficiency, enjoying the most sophisticated financial markets in the world. Its flexible labour market and low levels of unemployment stand in sharp contrast to Germany, whose business community is burdened with sclerotic labour regulations. But Germany does somewhat better than the United Kingdom in innovation indicators and the sophistication of its business community is peerless.
• Italy’s competitive position has continued on a downward trend, well established over the past few years, dropping four places to 42 in this year’s Report. The list of problems is long. Italy’s underlying macroeconomic environment is poor due to having run budget deficits without interruption for the past 20 years. The fiscal situation has deteriorated sharply since 2000 and public debt levels are well over 100% of GDP, among the highest in the world. The poor state of Italy’s public finances may itself reflect more deep-seated institutional problems, which are shown in low rankings for variables such as the efficiency of government spending, the burden of government regulation and, more generally, the quality of public sector institutions.
• As in previous years, Poland remains the worst performer among the EU economies, with a rank of 48, right behind Greece (47) and well behind Estonia (25), the Czech Republic (29) and Slovenia (33), Central and Eastern Europe’s top performers. Particular weaknesses in Poland stem from the highly protected and rigid labour markets, particularly harmful in a country where unemployment is close to 18%. As in many transition economies, businesses have to deal with uncertainties stemming from weak institutions, corruption and crime, favouritism, an easily influenced judiciary and a weak property rights regime. Deeper reforms will be necessary if Poland is to increase productivity and stay competitive in the face of rising labour costs. Among the candidate countries, Turkey and Croatia both seem to have benefited from the "EU bonus", moving up impressively in the rankings by 12 places each, to positions 59 and 51, respectively.
• Russia has fallen from its 53rd rank in 2005 to 62nd in 2006. The private sector in Russia has serious misgivings about the independence of the judiciary and the administration of justice. Legal redress in Russia is neither expeditious, transparent nor inexpensive, unlike in the world’s most competitive economies. A ranking of only 110 among 125 countries in 2006 suggests that it is time-consuming, unpredictable and a cost burden to enterprises. Partly because of this, the property rights regime is extremely poor and worsening. Russia’s ranking in this indicator during the last two years has suffered a precipitous decline, from 88 in 2004 to 114 in 2006, among the worst in the world.
• Leading within Asia are Singapore and Japan, ranked 5th and 7th respectively, closely followed by Hong Kong (11) and Taiwan (13). These economies are characterized by high-quality infrastructure, flexible and efficient markets, healthy and well-educated workforces and high levels of technological readiness and innovative capacity. Malaysia, ranked 26th overall, has one of the most efficient economies in the region with flexible labour markets, relatively undistorted goods markets and public institutions which in many areas (e.g., rule of law, the legal system) are already operating at the level of the top performing new EU members.
• Korea’s (24) performance is slightly more uneven than that of Malaysia. The country has already reached world-class levels in certain areas, such as macroeconomic management, school enrolment rates at all levels, penetration rates for new technologies and scientific innovation, as captured by data on patent registration. However, Korea continues to be held back by institutional weaknesses, both public and private, for which it has not yet reached the standards of Finland, Sweden, Denmark or Chile. Taiwan (13) continues to operate at a high level of efficiency but has dropped below last year’s "top-ten" status. It is an innovation powerhouse, with levels of per capita patents registration exceeded only by the US and Japan. It continues to excel in higher education and training indicators (ranked 7th overall) but, like Korea, its overall rank is weighed down by weaknesses in the institutional infrastructure.
• India ranked 43rd overall with excellent scores in capacity for innovation and sophistication of firm operations. Firm use of technology and rates of technology transfer are high, although penetration rates of the latest technologies are still quite low by international standards, reflecting India’s low levels of per capita income and high incidence of poverty. Despite these encouraging results, insufficient health services and education as well as a poorly developed infrastructure are limiting a more equitable distribution of the benefits of India’s high growth rates. Moreover, successive Indian governments have proven remarkably ineffective in reducing the public sector deficit, one of the highest in the world.
• China’s ranking has fallen from 48 to 54, characterized by a heterogeneous performance. On the positive side, China’s buoyant growth rates coupled with low inflation, one of the highest savings rates in the world and manageable levels of public debt have boosted China’s ranking on the macroeconomy pillar of the GCI to 6th place – an excellent result. However, a number of structural weaknesses need to be addressed, including in the largely state-controlled banking sector. Levels of financial intermediation are low and the state has had to intervene from time to time to mitigate the adverse effects of a large, non-performing loan portfolio. China has low penetration rates for the latest technologies (mobile telephones, Internet, personal computers), and secondary and tertiary school enrolment rates are still low by international standards. By far the most worrisome development is a marked drop in the quality of the institutional environment, as witnessed by the steep fall in rankings from 60 to 80 in 2006, with poor results across all 15 institutional indicators, and spanning both public and private institutions.
Here is the summary from the W.E.F. regarding the rankings:
The Global Competitiveness Report 2006-2007: Country Highlights
• Switzerland is number one in The Global Competitiveness Report for the first time, reflecting the country’s sound institutional environment, excellent infrastructure, efficient markets and high levels of technological innovation. The country has a well developed infrastructure for scientific research, companies spend generously on R&D, intellectual property protection is strong and the country’s public institutions are transparent and stable.
• The United States, previously in first place, continues to enjoy an excellent business environment, efficient markets and is a global centre for technology development. However, its overall competitiveness is threatened by large macroeconomic imbalances, particularly rising levels of public indebtedness associated with repeated fiscal deficits. Its relative ranking remains vulnerable to a possible disorderly adjustment of such imbalances, including historically high trade deficits.
• As has been the case in recent years, the Nordic countries hold prominent positions in the rankings this year, with Finland (2), Sweden (3), and Denmark (4) all among the top ten most competitive economies. The Nordic countries have been running budget surpluses and have lower levels of public indebtedness on average than the rest of Europe. Prudent fiscal policies have enabled governments to invest heavily in education, infrastructure and the maintenance of a broad array of social services. Finland, Denmark and Iceland have the best institutions in the world (ranked 1, 2 and 3, respectively) and, together with Sweden and Norway, hold top ten ranks for health and primary education. Finland, Denmark and Sweden also occupy the top three positions in the higher education and training pillar, where Finland’s top ranking is remarkable for its durability over time.
• Germany and the United Kingdom continue to hold privileged positions, ranked 8th and 10th, respectively. In the areas of the safety of property rights and the quality of the judicial system, Germany is second to none. By contrast, both countries score poorly for their macroeconomic environments, though Germany does less well. In both cases public sector deficits and rising levels of public indebtedness as well as a strengthening of the currency in both countries in 2005 are the main causes of this. The United Kingdom excels in market efficiency, enjoying the most sophisticated financial markets in the world. Its flexible labour market and low levels of unemployment stand in sharp contrast to Germany, whose business community is burdened with sclerotic labour regulations. But Germany does somewhat better than the United Kingdom in innovation indicators and the sophistication of its business community is peerless.
• Italy’s competitive position has continued on a downward trend, well established over the past few years, dropping four places to 42 in this year’s Report. The list of problems is long. Italy’s underlying macroeconomic environment is poor due to having run budget deficits without interruption for the past 20 years. The fiscal situation has deteriorated sharply since 2000 and public debt levels are well over 100% of GDP, among the highest in the world. The poor state of Italy’s public finances may itself reflect more deep-seated institutional problems, which are shown in low rankings for variables such as the efficiency of government spending, the burden of government regulation and, more generally, the quality of public sector institutions.
• As in previous years, Poland remains the worst performer among the EU economies, with a rank of 48, right behind Greece (47) and well behind Estonia (25), the Czech Republic (29) and Slovenia (33), Central and Eastern Europe’s top performers. Particular weaknesses in Poland stem from the highly protected and rigid labour markets, particularly harmful in a country where unemployment is close to 18%. As in many transition economies, businesses have to deal with uncertainties stemming from weak institutions, corruption and crime, favouritism, an easily influenced judiciary and a weak property rights regime. Deeper reforms will be necessary if Poland is to increase productivity and stay competitive in the face of rising labour costs. Among the candidate countries, Turkey and Croatia both seem to have benefited from the "EU bonus", moving up impressively in the rankings by 12 places each, to positions 59 and 51, respectively.
• Russia has fallen from its 53rd rank in 2005 to 62nd in 2006. The private sector in Russia has serious misgivings about the independence of the judiciary and the administration of justice. Legal redress in Russia is neither expeditious, transparent nor inexpensive, unlike in the world’s most competitive economies. A ranking of only 110 among 125 countries in 2006 suggests that it is time-consuming, unpredictable and a cost burden to enterprises. Partly because of this, the property rights regime is extremely poor and worsening. Russia’s ranking in this indicator during the last two years has suffered a precipitous decline, from 88 in 2004 to 114 in 2006, among the worst in the world.
• Leading within Asia are Singapore and Japan, ranked 5th and 7th respectively, closely followed by Hong Kong (11) and Taiwan (13). These economies are characterized by high-quality infrastructure, flexible and efficient markets, healthy and well-educated workforces and high levels of technological readiness and innovative capacity. Malaysia, ranked 26th overall, has one of the most efficient economies in the region with flexible labour markets, relatively undistorted goods markets and public institutions which in many areas (e.g., rule of law, the legal system) are already operating at the level of the top performing new EU members.
• Korea’s (24) performance is slightly more uneven than that of Malaysia. The country has already reached world-class levels in certain areas, such as macroeconomic management, school enrolment rates at all levels, penetration rates for new technologies and scientific innovation, as captured by data on patent registration. However, Korea continues to be held back by institutional weaknesses, both public and private, for which it has not yet reached the standards of Finland, Sweden, Denmark or Chile. Taiwan (13) continues to operate at a high level of efficiency but has dropped below last year’s "top-ten" status. It is an innovation powerhouse, with levels of per capita patents registration exceeded only by the US and Japan. It continues to excel in higher education and training indicators (ranked 7th overall) but, like Korea, its overall rank is weighed down by weaknesses in the institutional infrastructure.
• India ranked 43rd overall with excellent scores in capacity for innovation and sophistication of firm operations. Firm use of technology and rates of technology transfer are high, although penetration rates of the latest technologies are still quite low by international standards, reflecting India’s low levels of per capita income and high incidence of poverty. Despite these encouraging results, insufficient health services and education as well as a poorly developed infrastructure are limiting a more equitable distribution of the benefits of India’s high growth rates. Moreover, successive Indian governments have proven remarkably ineffective in reducing the public sector deficit, one of the highest in the world.
• China’s ranking has fallen from 48 to 54, characterized by a heterogeneous performance. On the positive side, China’s buoyant growth rates coupled with low inflation, one of the highest savings rates in the world and manageable levels of public debt have boosted China’s ranking on the macroeconomy pillar of the GCI to 6th place – an excellent result. However, a number of structural weaknesses need to be addressed, including in the largely state-controlled banking sector. Levels of financial intermediation are low and the state has had to intervene from time to time to mitigate the adverse effects of a large, non-performing loan portfolio. China has low penetration rates for the latest technologies (mobile telephones, Internet, personal computers), and secondary and tertiary school enrolment rates are still low by international standards. By far the most worrisome development is a marked drop in the quality of the institutional environment, as witnessed by the steep fall in rankings from 60 to 80 in 2006, with poor results across all 15 institutional indicators, and spanning both public and private institutions.
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pthoko
07-11 02:42 PM
How come they are staying beyond 6 months?? Did u get an extension??
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sasidhar79
02-08 11:17 AM
i believe that the unity among indians in UK is far greater than that of indians here in USA.
On my last trip to london I had a brief glimpse at the clout of Indian community there, they are very strong and united to make their voices heard, no doubt Tony Blair acknowledged.
I have almost decided to let my american dream rest in peace, now I am looking at immigrating to Canada, in my last 5 years of study about canadian society , i have noticed it to very liberal and many of my friends both indians and americans who settled there have settled for life, many of them work across border in USA either in detroit or in seattle but they are not interested in moving their homes here. So I think i can pursue my dream of free world and enterpreneurship from there.
H1b status and pre GC status is a big quagmire of blackholes, I am not interested in putting away 10 years of my life waiting for GC.
Screw GC , Canadian PR is there, if nothing works my home-India is there ...
On my last trip to london I had a brief glimpse at the clout of Indian community there, they are very strong and united to make their voices heard, no doubt Tony Blair acknowledged.
I have almost decided to let my american dream rest in peace, now I am looking at immigrating to Canada, in my last 5 years of study about canadian society , i have noticed it to very liberal and many of my friends both indians and americans who settled there have settled for life, many of them work across border in USA either in detroit or in seattle but they are not interested in moving their homes here. So I think i can pursue my dream of free world and enterpreneurship from there.
H1b status and pre GC status is a big quagmire of blackholes, I am not interested in putting away 10 years of my life waiting for GC.
Screw GC , Canadian PR is there, if nothing works my home-India is there ...
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perm
12-14 09:52 AM
Registering myself
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tnite
07-19 09:29 AM
Unless you want a RFE get a new affidavit. It might take a day or 2 to get it from India but its worth it.
my 2 cents..
my 2 cents..
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greatzolin
08-22 01:00 PM
not that it matters but do you know who signred for it and the time at NSC?
thanks in advance!
thanks in advance!
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ivar
03-13 11:45 AM
This is how it should be done...
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Thanks for your response.
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Thanks for your response.
swo
07-13 02:28 PM
Notwithstanding the good research below...
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
Given this is legislation, I don't think rule changes can trump it. I don't believe per country limits will change. Besides, how is that a solution to anything? This is not an Indian or Chinese issue. It's a legal immigrant issue.
See pg CRS-5 of document http://fpc.state.gov/documents/organization/84914.pdf
Two important exceptions to the per-country ceilings have been enacted in the
past decade. Foremost is an exception for certain family-sponsored immigrants.
More specifically, the INA states that 75% of the visas allocated to spouses and
children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
Prior to FY2001, employment-based preference immigrants were also held to percountry
ceilings. The American Competitiveness in the Twenty-First Century Act
of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
immigrants to be surpassed for individual countries that are oversubscribed as long
as visas are available within the worldwide limit for employment-based preferences.
The impact of these revisions to the per-country ceilings is discussed later in this
report......................
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
Given this is legislation, I don't think rule changes can trump it. I don't believe per country limits will change. Besides, how is that a solution to anything? This is not an Indian or Chinese issue. It's a legal immigrant issue.
See pg CRS-5 of document http://fpc.state.gov/documents/organization/84914.pdf
Two important exceptions to the per-country ceilings have been enacted in the
past decade. Foremost is an exception for certain family-sponsored immigrants.
More specifically, the INA states that 75% of the visas allocated to spouses and
children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
Prior to FY2001, employment-based preference immigrants were also held to percountry
ceilings. The American Competitiveness in the Twenty-First Century Act
of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
immigrants to be surpassed for individual countries that are oversubscribed as long
as visas are available within the worldwide limit for employment-based preferences.
The impact of these revisions to the per-country ceilings is discussed later in this
report......................
voldemar
12-11 02:28 PM
It makes no difference whether they allow concurrent filing of 140/485 or not That's not always true. Without concurrent filing my son will not be able to file 485 because he will turn 21 at that time. And I'm pretty sure there are other cases when concurrent filing was very helpful.
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