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  • I have no doubt there is high literacy in parts of India. I mentioned Canada's literacy rate in response to a poster's reference to "illiterate Canadians". A poster, who ironically, in that same rant struggled to write a well phrased sentence.

    I understand your point, but to me "A good place to live", DOES encompass "a good place to realize your ambitions". It's just a matter of what those ambitions are. Ambitions area not always 100% material. If your ambition is to enjoy a solid income by the ocean in good weather, Toronto cannot offer that. But if it is to create an IT fortune, Cairnes, Australia probably isn't the right place for you. "Good" is different for all of us.

    The indexes mentioned are just a loose measuring stick that compare a bunch of safety, infrastructure, health, lifestyle and opportunity assessments and try to apply some metrics to them. All I'm saying is, there's good and bad everywhere, and Canada, always rates highly.

    Like you however, I'm here because I like it here. Frankly, after Canada, the weather in California is too hard to give up :)

    In the end, as you say, it's all objective.

    I don't know much about Canada, but wanted to point out that the Indian state of Kerala also has one of the top literacy rates in the world. And an excellent healthcare system. (Apparently, the expected lifespan of a Keralite woman is longer than that of women in the developed world. And something like 94-95% of babies in Kerala are hospital delivered.) Also, Kerala pays unemployment benefits to educated-unemployed youth; much like Canada. (See wikipedia or google for sources and citations.) Yet, Kerala is certainly nowhere near the top of the list of desired immigration destinations; in fact, Kerala likely has the largest proportion of natives working outside the state.

    "A good place to live" does not necessarily translate to "a good place to bring your ambitions to life." (E.g., Kerala also has one of the highest suicide rates.) That's my point.

    Anyways, good luck to those who want to move to Canada. IV is all about helping us work on our legal immigration to the US. So I don't think this is the appropriate venue for those who want to go to Canada.





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  • The entire discussion by EB3-ROW guys want to preserve those recaptured unused numbers in 2000 only for EB3-ROW for ever. As I mentioned earlier, the purpose of that recapture is to eliminate backlog in 1999. India and China were only the two countries backlogged at that point. USCIS could do that job only in 2005. You guys want a controlled allocation of recaptured numbers for years and years with the simple intension of EB3-ROW always should be current. I understand that urge. However, you guys forget the reality. EB3 demand is huge due to 245i. The real demand for EB2 always very less. (The real demand for EB2 is when EB3 were current). Now everyone is going to EB2. I feel that is the reason why EB2-India and China getting penalized as DOS took the law in their own hand. Now EB2 guys are victimized. Do not blame India and China took more numbers. The real fact is EB3-ROW is enjoying with the expense of EB2.

    Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..


    I have come across many people in the last few years from all sorts of countries. Russian, Korean, African, British, Brazilian, Colombian, etc,; although everyone wants their greencards yesterday; it appears to me that the indian nationals are the most hungry for it. It is a generalization but I am just speaking from my experience on this.

    How do you know what the "intention" was of the lawmakers that recaptured visas are supposed to go to the retrogressed countries. If that was the case they would have gotten rid of the 7% limitation along with the recapture.

    Most people who come on h-1b are Chines and indian. There was also close to 200,000 visitor visas approved in 2005 from India. Makes sense because there is a lot of population there. However; it would be short sited to think that there are minimal 245i applicants from India. There actually is a very large number of them. The biggest status violators are people who come on visitor visas from non visa waiver countries. The status violators either get greencard through marriage or through 245i.

    Although as a business person I look at skill rather then nationality; I do know enough about immigration that there is a good purpose behind country limits. Foreign nationals will prefer their own people for h-1b; they will look for their friends, cousins, brothers, sisters, wives, relatives, etc. and bring their own country people here. Therefore, it is not an "open market" on skill people from all parts of the world. The country quota is the equalizer because of this.

    The cultural aspect of south asians is also hurting retrogression. Most people who come here on H-1b are out of school and generally single. People from non south asian countries or muslim countries will find their spouse here. However, someone on h-1b from south asian country or muslim country will get arranged marriage after being here for 4 to 6 years and then spouse gets counted against the quota at the expense of a skilled worker who may have had a later date. I a m not saying this is wrong because it is a cultural issue but is confined to certain countries.

    Regarding eb2 and eb3. This is also something that is quite comical. This is an area where immigration law hasn't kept up business practices. Pre H-1b you got greencard upon initial entry into USA. Department of labor rules were that you couldn't use the experience gained by your sponsor. It was never envisioned that people would come here on h-1b and hop/skip between employers. It has caused an end run around what the DOL rules were supposed to be. You shouldn't be able to gain experience in USA and then use that unfair advantage to knock out an american for that job. EB2 and EB3 differentiation would go away if you couldn't use the experience gained in USA. Just about everyone would be in eb3. Anyone who is here on h-1b generally already has or will have 5 years of experience and can go right to eb2.

    People who are working at companies which aren't dominated by immigrants would have a difficult time satisfying themselves that the job requires a bachelors degree plus five years or masters degree. However; if you work at a staffing company you go straight to eb2 because that is what is needed to keep you there (remember, it is supposed to be the minimum requirements for the job). If software engineer or programmer analyst minimum requirement is masters or bachelors plus five then company is saying that is the "minimum" job requirements. However, if it is the "minimum" requirements then how are companies getting people here on h-1b who only have a bachelors degree?

    Although people like to say "immigration system is broken" it can mean two things. From greencard wannabes; it is too much red tape, not friendly enough, etc. From other side it is broken because it is not being used as its intended purpose. You can mark my words that if/when rules are relaxed on h-1b or quota; you will see a whole bunch of enforcement with it. It actually is already happening at the consulates; department of labor and revocations of 140's by companies who are sponsoring too many people.





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  • Once upon a time in this country ( & based on situation 'at' that time), laws were made and hence some classifications such as EB1/2/3 etc;
    I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
    1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.

    2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
    Meaning not the vertical spill as it is happening now

    AND

    3. Remove the count of dependent family members against number of visas granted per year in any of EB category



    IV already has easy, non controversial provisions that takes care of all.
    1) Recapture all lost visas.
    2) NO Country caps
    3) Do not count dependants.

    Just these 3 will make all categories current.





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  • I am a patriotic Indian. Why the hell cant this Khan guy go through the same ordeal as an ordinary Indian or any other passenger. Why all the fuss? Is he god??? Hell NO...I would just tell him to shut up and carry on with life. He is an idiot and just doing this for more publicity. How many Indian muslims go through this shit everyday? Why cant he tolerate this 2 hr ordeal like an ordinary Indian muslim or for that matter hindu? Racial profiling is for everyone who is colored and non-US citizen. He is not a good guy as he cant even take a 2 hr ordeal as an ordinary citizen because he thinks he is GOD...when in fact he is as ordinary as anybody. Just because he has money, name and fame should be become god? no way. I dont mind if the Indian airport security frisked Tom Cruise or any other actor. Who cares!! Its our countrys security, but you know what India wont do that as all the airport officials incl. security are so corrupt and also if they see white skin they will just allow them freely thinking they are god!! thats our stupidity not the americans???

    I am glad this happened to the so called "King Khan" as he is king only in his mind. Not for me because for me he is a talented actor other than that he is not GOD but just a mere human being..





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  • You guys still think it is horizontal. This has been discussed so many times with reference to the law; the note in november 2005 visa bulletin; another lawyer who received statistics in chinees overall approvals for 2006 which were going to be close to 7% and you guys still believe this is a gray area.

    USCIS today is using the vertical flow...I acknowledge that....

    It might be a defendable position in courts ..... My arguement is that the original text of of the law is ambigous enough to mount a challenge...It might not succeed but it is possible to take a shot at it....It is a long shot.....





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  • 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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  • Matt_Kelly@Specter.senate.gov ID is bouncing

    Downsizing happened within congress too. :D





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  • Tikka,
    Most of the folks probably went to sleep... so the last two digs which are opened recently are moving very slow...

    Anyone from west coast - please help ...!!!


    lets focus on this one..
    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who

    the faster it gets to 100 DIGS the popular the article will be. Will help give our issue exposure

    thank you !!





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  • My ideal solution for this is to make this a hot button issue in the media and then try for legislation to recapture visa numbers and allow forwarding of visa numbers. That will help us go a long way.

    Will it be possible to get emergency legislation to capture unused EB numbers for the past several years????

    Is it possible to escape the radars of the likes of Durbin & Sanders?





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  • Widower Zardari will be marrying Kumari Mayawati just after election to unite subcontinent and bring peace to world.





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  • I also don't believe in all the crap about cost of living in Canada. Toronto is the hub in Canada that has most of the jobs, but the cost of living is nowhere near to big US cities such as NY, San Francisco, etc. Based on my research, you can easily get a nice 4 bedroom SFH in Toronto suburbs for less than 300K.


    Once again, eb2waiter, a baseless statement in "Canada is not a land of opportunity". No one owes you a living. You have to work for it. If you're such a good IT worker, become a consultant or open up your own business doing so. You can't expect someone to hand you a job. Like someone else stated, if your skills are in demand and a good communicator, you'll be fine.

    And yes, I had a US job offer before arriving here.

    And if you're already here as a student, well, I can't think of a better way to research the job market from within - job fairs, colleagues, etc.

    Also, I don't see your point - if you're an immigrant student in Canada, there is no issue of foreign credentials. Any professional distinction earned in Canada lands you on the same footing as any citizen. So again, please stop spreading bad information.





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  • Hi,
    My appeal against EB2 I140 denial on Chartered Accountant degree issue was recently turned down by AAO. Can I any how contest this decision further without getting my employer involved. They are not interested in pursuing this further. Can I file any type of appeal before BAI or any other court on personal basis ?
    Thanks.





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  • Before AC21, the spill over goes vertically.
    After AC21, the spill over should go horizontally.

    Now ROW experts, post your comment for this hypothitical example ..

    Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.

    If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.

    (a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.

    (b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.

    If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.

    With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.

    Just the way I see it....





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  • Well we are Indian citizens so we would have to carry passport anyway. What you mention is only a concern for Canadian nationals and that too they dont need visa. They only need passport for ID instead of DL.





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  • In the past three years; I have seen an administrative assistant get sponsored as a skilled worker; a cook making $8.50 as a specialty cook at an Indian restaurant; 8 phillipinos getting sponsored as cooks with a wage of $9.00 at a restaurant; a convenience store clerk; (from reading administrative appeals decisions; i have seen a driving instructor, horse trainer, etc.). All of these jobs fit into a definition of "skilled worker" and share same eb3 category as professional.

    In fact I guess most of the April 2001 245(i) cases are also getting through the Eb3 category...I thought that they would get into the EB3 Other workers category with the 10 K cap........ I guess many of the cases you are referring to must be the 245(i) cases...


    As I remember, even when I came to US the first time in 2000, I was interviewed quite rigorously...They made me submit degree certificate and experience certificates and all...
    Cooks and driving instructors getting in on H1B??? That is news to me...





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  • To those ignorants or idiots who voted for Rahul Gandhi or Sonia Gandhi:

    This is a book shows facts about Nehru Dynasty in India: http://www.scribd.com/doc/1777536/Nehru-Gandhi-Family-Secrets

    US just elected a President who father and step father are Muslims. And that is great and the world appreciates that because it shows that this country can judge a person by his skills or character and not get stuck in bigoted views about muslims or other minorities. And we love this country for that

    But when it comes to India, don't you think of voting for Rahul gandhi because he might have some blood of either a parsi or ('god forbid') muslim in him. That certainly should dis qualify him, shouldn't it. Nepotism is certainly bad but this takes the cake. Dont vote for him because he might be 10% parsi/muslim (I am sure you have not forgotten about the italian heritage but you can raise that later). But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on





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  • It really does not matter if you are a doctor or a compounder... Running a state or a country is a different thing altogether, you need different skills and this man had that. He was a self made man risen from the soil. But on the bad side he was the king of the corrupts. Most of the Indian politicians are Illiterate. This guy is a medical doctor by profession.
    Loved by poor people. Hated by the fundamentalists and Naxals. Most of the AP politicians are corrupt including former PM P.V. N RAO.





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  • Wow. Nice to see so many Bay area folks with bad experience. When i moved to Folsom, CA from Arizona in 2005 and knew no one at Folsom, I was in a Indian grocery store buying stuff and this guy comes to me and starts talking to me nicely.. At that point i did not know about this Amway Crap and infact stayed at the same apartment complex where i was staying. he invited me for tea and started talking about how to beocme your own boss etc.. Thats about it. I politely told him i am not interested and unfortuantely i gave him phone number at that time just to keep in touch and with the only reason not to be rude. He Kept on calling me 2-3 times in a week over two weeks and had to literally be very blunt and really rude to stop harassing me! Thats the end of it.

    I met a person at Great Mall in the Bay area at Bath and Body works and i did not even give him a sec to start his pleasantires. He had a blank look on his face when i told him that if you are befriending me to join you about Amway, I will go to the Police right now that you are stalking me. He left me immediatly. :)

    One of the complaints i have heard from my other friends that if they go to a new place and try to make friends , the locals think of them as related to Amway and was also rightly pointed in this thread.





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  • 1. About 100,000 or may be many times that number (I do not know) of L1 workers are brought to work to the USA? Do they realize that there is NO quota limit for L1?

    2. How the L1A visa is misused in the guise of the so called "International transfer" to file for GC under EB1 category?

    3 That many of the Indian / foreign firms no longer prefer to sendi their employees on H1 as they can send plane loads of L1 without any hitch?



    I just wanted to share the info that I know and I am not in L1.

    They started cracking down L1s long before. Denials of L1 started atleast a year before. Nowadays some companies don't even apply for L1 extension from onsite. Because they know it will be denied. They apply extensions only after candidate goes back to home country.

    But let us not hate each other among ourselves between L1, H1, F1 etc. At the end anyone is applying for L1/H1/F1 because there is a provision and it is completely legal.





    I saying it again, in this country even burning of the national flag is considered a form of protest.



    Dude, you are seriously delusional. The day you try that stunt with the stars and stripes you'll be on Limbaugh, OReilly, Hannity, Glenn Beck, you name it. I don't agree with them but will still love to watch that unfold on TV.





    Don’t make a big deal of Shah Rukh’s detention:One For The Road:Anand Soondas's blog-The Times Of India (http://blogs.timesofindia.indiatimes.com/onefortheroad/entry/don-t-make-a-big)

    One For The RoadDon�t make a big deal of Shah Rukh�s detention

    After a long time actor Salman Khan has come up with a real gem. On hearing about Shah Rukh Khan being questioned by US security at Newark, New Jersey, he said it�s good that the country has such a tight set-up. And that ``there has been no attack after 9/11 because of this.��

    Salman has a point. SRK might be an icon to Indians and many in the subcontinent, even to the desi diaspora spread across the globe, but to America he�s just a visitor. We may be convinced he cannot be involved in anything that�s remotely violent, but the guard given the responsibility of stopping something like 9/11 from happening in his country again will want to take no chances. And what is the possibility that he�s a die hard fan of the Khan and Bollywood? Very slim.

    Interestingly, the same day that SRK was detained in Newark, there came news that the great Bob Dylan, who was wandering around Long Branch, near New York City, sometime back, was asked for an ID by two cops too young to know who he really was. When he couldn�t furnish one, he was taken right back to the resort where he was putting up and staff there vouched for him. And America is Dylan�s own country.

    Was there a furore? Not that I know of. Not even a little blowin' in the wind.

    SRK says he�s ``upset and angry�� because it was his Muslim name that caused all this. Thousands of Muslims are made to go through extra security checks everyday in America and a host of Western countries. Is he equally upset at that? He's probably just pissed that it happened to him, India's mega star. We all know how a lot of Muslims have been subjected to prejudice around the world because many countries see terrorism as an Islamic phenomenon. Yes, it is uncalled for, unjust and maybe wrong. But America is a country that takes the killings of its people with the seriousness it deserves, unlike India whose record on this is shameful, to say the least.

    Also, because most of the perpetrators of 9/11 were Muslims, America thinks it has to be doubly careful where they are concerned. Had the terrorists been Jews, perhaps it would have looked at Jews with similar suspicion. I was much more aggrieved at President Kalam being frisked. But that�s a dated debate.

    There are two layers to the SRK incident and we must peel them off with care. One, it is quite ridiculous that Indians feel their icons and superstars are everybody�s icons and superstars. What the heck? If Jet Li came to India tomorrow, the man on the street here would probably call him �`Chinky�� and not give a second look. For that matter, what if G�rard Depardieu came travelling. How many would know him? Matt Damon was here recently and there wasn�t a traffic jam in Delhi. These guys are huge back home.

    Moreover, America doesn�t have a culture of fawning the way India has. Mike Tyson was treated like a common rapist and spent most part of his youth in the slammer. Winona Ryder was sentenced to a three-year probation for shoplifting. Chinese born Hollywood actress Bai Ling was fined US 200 dollars for petty theft.

    More importantly, we are actually aggrieved because we are ``not like them��. Well, guess what. It isn�t a virtue. We should be like them and take the security of our country and its people with solemn, no-nonsense professionalism. Frisk Brad Pitt when he lands in India next. Give Tom Cruise the same dose. Don�t spare Bill Clinton either. Isn�t he an ex-prez just like Kalam? Who�s stopping you and what�s stopping you? Colonial hangover? Or is it plain lethargy and callousness. Looks like both.

    We are just whimpering over here like hurt puppies because we feel, ``Oh, but we don�t do it to them��. Oh no, we don�t. And it�s a scandal. We should. I�ve seen white men � and women � get away in India with murder. Indian women can�t get into some discos wearing a sari. And bouncers will frown at you if you are dressed in a kurta. Have you seen what some of these firangs have on them? No one bats a eyelid.
    So instead of making SRK�s detention an issue, we should think of upgrading our own security set-up.

    There�s a lesson in this. And it is a positive one. A day after our own 26/11, there was hardly any security at CST in Mumbai. It can�t get worse than that. The bottom line: Stop fawning, shed the colonial hangover and make no compromise where the country�s safety is concerned. Can we do that or is it too much to ask from a country that�s been free for 62 years but was ruled by white sahibs for 200?

    Well said and perfect....in India there is a culture of babu where VIPs are not checked at all....otherwise the wrath of the high officer will strike on the junior officer.



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