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  • I have done a lot of research on this :::

    A good option is if you try and get a job in Detroit, MI. You can then live across the border in Windsor, ON and commute daily between Canada and US.Windsor is basically suburb of Detroit right across from Detroit river ex like Mumbai and Navi Mumbai, Hyderabad and Secundrabad etc.

    This way you get best of both worlds

    1) You keep H1B visa and US GC going.
    2) You earn in US $ and can avail of US job opportunity.
    3) You can earn time towards maintaining Canadian PR and Canadian Citizenship.


    1) This option is limited to getting a job/transfer in Detroit Metro area.
    2) Some days there may be delay at border if US is on high alert, so you need to be conservative and add time for border inspection to your commute.
    3) You have to file taxes in both US and Canada (but its not double taxes).
    Thanks for the good info. But there is some talk of implementing passports for travel between Canada and US for security reasons. This parameter should be part of the SWOT analysis also. See below for the excerpt of actual news story:

    Canadians shouldn't get too excited by Congress's decision to push back the Jan. 1, 2008, deadline requiring passports for all travellers entering the United States, Washington's top passport official warns.

    The new deadline of June 1, 2009, passed yesterday, is only the last possible date to implement the controversial plan, according to Frank Moss, the deputy assistant secretary for passport services in the U.S. State Department. And it could be, in fact, "significantly earlier."

    "The sooner it is done the better in terms of travel security," he said. "Don't think 'Oh, 17 months delay. I don't have to do anything about this.' Nothing's changing. It could very well be sooner than that and it will certainly change much sooner than that in terms of air travel to the United States."

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  • guys,

    why are you behind balls? Someday, if someone reads these posts, one may think, SRK was frisked to see if he really got balls.....:):o:confused:

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  • I have no problem with any individual but I hate my ex employer and their class ( in no uncertain terms ). I was earning for them , but he and his wife used to behave like big boss to me.Why I shed no tears for them. They think themselves as Ambani but will not hire few good marketing folks who can bring projects from direct clients. There business model is like the following example ( joke ). A bihari gone to punjab and started working for sardarji for food and shelter.While he asked the sardarji for food , he said go that building eat as much you want and take this tifin box and pack some food for me too. Just tell them that I have sent you . After some time Bihari came to know that it was Gurudwara and food was lunger. I consider these body shop no different then that Sardarji. Opening a co ( body shop ) requires phone and outlook. WOW. The h1b rules allow a space for them. With this new rule , they are gone for good. Let me make it very clear , I hate body shopper . It is mere chance that they are from particular state. I fully sympathize with all H1B holder and again let me insist all deserving H1b people will be better off with this memo. Let me quote a line from Ghalib " Jis diye me tel honge , rah jayenge bus wohi ".
    Let me enjoy on potential demise of Body shopper including my ex employer. I am ready

    Wow so ungrateful.
    You make hole in the same vessel you eat.
    You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
    Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
    So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.

    You know why? Because you do not want other Indians to come behind you and compete with you for jobs.

    Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.

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  • Nothing to demean you Hopeful GC or any particular individual but this so called community that we are dealing with has none of the above characteristics to go for a CA Lawsuit... The coward and sleeping community wants everyone else to do or facilitate things for themselves. I had first hand experience during SEP 18th rally about the spines , guts , nerves and overall heart of this community when i approached educated ,well-informed ,highskilled peoples for attending the rally and what reply i got. Some of them even had the audacity to call up my family and tell bad things about me ( just because i requested them to wake up for a Rally for THEMSELVES )

    CA Lawsuit with Cowards , selfish , heartless - never ever possible...:mad: But i appreciate and support your idea on a Personal level and willing to put a money contribution if the lawyer finds a prospective ground of but we have to bite and swallow the hard reality , you know :(

    Clear up your mind for a little while and consider this:
    The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK. The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get ..........

    USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
    This is a valid ground for a class action lawsuit.

    By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE! We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.

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  • If the current EB3-ROW move is any indication one can rely on, I think you will be current in next month's bulletin. I bet you can't wait.

    I wonder what kind of move we might see for eb3 -row next month.

    Yeah, Tell me about it!!!

    Just two more months and mine would have been current!!!!

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  • :confused:My 485 was filed with me as Primary and my wife as derivative in July 2007 with PD of Nov'05 2003. My I-140 is approved
    I have applied EAD/AP through this pending AOS, but neither me nor my wife are using EAD/AP since we are both maintaining H1B status.

    My wife's parallel GC process - I-140 just got in EB2 - PD Jan 2005.
    The Alient no on her application is the same that got assigned due to her pending AOS application .Her PD is current with Aug 2008 bulletine

    Do you think we can file multiple 485 to take advantage of EB2 - jan 2005 PD
    What is the risk?

    just send a letter asking USCIS to consider her approved I-140 for processing the pending AOS applications instead of mine.
    Will USCIS do that.

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  • What's your choice? Home Country and Canada. The choice isn't between US and Canada. If you had an option to live in US you wouldn't be talking about canada.

    If you compare US to canada you are all set for disappointment. The taxes are higher and jobs are definitely harder to find. Eveything is a little more expensive compared to US. (If you look at books CDN prices are always higher). But on the other hand, houses are way cheaper. What cost 600 K in SF Bay Area costs 350 K in Toronto suburb.

    Canada still has a higher standard of living than Europe/Australia. I recently met someone who's been in Canada for 40 years and he told me that the highest tax bracket is 35%. It used to be 45% about 10 years ago.

    Anyway, compare with going back home not US.

    Say even if you get the canadian PR, you have to pay tax's close to 45%.

    Medical is free but unless you are really sick or anticipate being sick, I think its not much of value. And if you are in a decent comp in the US you get almost free care.

    Also the job senario is not as good as its in the US. I heard its a lot more harder to get a job in Canada. Yes its true with PR you can work anywhere but how many of us will do that.

    In fact one of my friend told me the cost of living is higher there.

    I maybe naive and have limited knowledge about Canada, but from the above observations I think one will be disappointed to go to Canada from US.

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  • [QUOTE=blueyonder;338511]

    Dude you are missing his point. He did not call Tamils terrorists. he called LTTE terrorists and that is TRUE in all senses of the word.

    Its not he....Its you...yes, you are the one comng in three different IDs and supporting yourself.:eek:

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  • As per Macaca's logic, pre Oct 2005 PDs will take up all the numbers available for EB2 Indai for 2007, in June and July.

    If that is the case why was the Bulletin for july not set to Oct or Nov 2005 and instead made current. Surely USCIS does not want to deal with all the extra workload if it does not have to.

    DOS/USCIS know the truth, but going by the Ombudsman's report, they want to use up visa numbers as fast as they can. So if they have 30K applications sitting, just waiting for visa numbers, now with everything set to C, they can blindly start approving without even seeing what the date on those apps is.
    Also, with EB3-ROW being 'C' they dont even need to worry about per-country limits. Just pick up the next almost-approved file, assign visa number, mail out. repeat.

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  • I agree with vdlrao completely. The horizontal spill over rule essentially gives all EB1/EB2 visa to EB2's. This will make the EB2 cutoff dates leap and bounce forward. For EB3, however, there won't be any spill over data until EB2 become all current.

    In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.

    I agree with you 100%, this change was made by Congress in attempt to reduce the backlog.

    Think about it in terms of Congress, it was under a lot of pressure from high skilled workers and from companies like Google and Bill gates who argued for more number of visas. No offense to any EB3 category, but we all know, EB2 are the ones which have earned a higher skilled education from this country.

    (Now please don't start any debates on EB2 or EB3, I didn't make any distinctions and it has no relevance.)

    For Congress to somehow act, they made the change in movement of visa numbers, and geared more towards EB1/EB2, to reduce the backlog among EB2 category. This will eventually lead to roll over of visa numbers from EB2 to EB3.

    Advantage? High skilled workers who have attained a Masters degree from
    U.S., now will see a reduce in backlog.

    This recent change in the flow of visa numbers, acknowledges all these problems. We all know, who ever takes over the next presidential elections, will not issue something right away, it will take a few months.

    This change buys time and greatly reduces the backlog among EB2, eventually for Eb3 as well. The new process makes much more sense and I don't think this change will revert to its original movement (back to vertical flow)

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  • http://indiapost.com/article/immigration/597/

    On July 1, 2007, the Visa Numbers in the Employment-based Second and Third Preferences will become current. The USCIS Service Centers in Nebraska and Texas will be deluged with Adjustment of Status (Form I-485) applications.

    An update on AILA Infonet expresses concern that the USCIS may start rejecting I-485 filings before July 31, 2007 even though, historically, applicants have had the benefit of the whole month to file before the State Department announces retrogression for the following month.

    In fact, the cut-off date for the "Other Worker" was October 1, 2001 in the June 2007 Visa Bulletin. Yet, the USCIS began rejecting I-485 filings under the Other Worker category with priority dates of October 1, 2001 or earlier when the agency was informed by the State Department that the visa allocation for this category had been exhausted on June 5, 2007.

    AILA believes that the rejection policy is contrary to the regulation at 8 CFR �245.1(g) (1), and has urged USCIS to reverse its policy, which it has refused to do so. In any event, June 2007 is almost over, and even if USCIS reverses its erroneous policy later in July, would it still be able to accept I-485 applications that were due in June 2007? In July 2007, the Other Worker category becomes Unavailable.

    Regarding the "Current" dates in July 2007, the AILA Update indicates that USCIS has approximately 40,000 visas remaining in all employment-based categories for 2007, and that USCIS already has far more than that number of I-485 applications in the backlog queue ready for approval. Remember that there was a similar deluge of I-485 filings prior to the earlier retrogression of October 1, 2005.

    If these have already been pre-approved, they will exhaust the supply of existing immigrant visas and there is a likelihood that USCIS may start rejecting I-485 filings before the month of July is over. AILA has not yet predicted the exact date in July when this will happen. Despite the rush to file, one cannot underscore the importance of filing complete I-485 applications. If the I-485 does not contain the medical examination report, it will get rejected as the document is considered "initial evidence."

    The same applies to birth certificates, marriage certificates and other essential documents. It is also important to file with the correct filing fees for the I-485 ($325 + $70 for the biometrics fee). The accompanying I-765 application for temporary employment authorization is $180 and the I-131 application for Advance Parole is $180. It is also important to make full and truthful disclosure of any unauthorized unemployment on the Form G-325A.

    Some may have worked after their F-1 OPT had expired and others may have been involved in self-employment home businesses. The fact that an applicant has worked without authorization for short periods of time should not render him or her ineligible to file for Adjustment of Status. Section 245(k) of the Immigration and Nationality Act protects status violations up to 180 days from the last lawful admission into the United States.

    For example, if an applicant worked without authorization between October and December 2006, and then left the United States and entered on January 1, 2007 in H-1B status, so long as this individual has not violated status for more than 180 days since January 1, 2007, he or she would still be eligible to file the I-485. For those with longer periods of status violations, Section 245(i) may also render them eligible to file an I-485.

    To be eligible under Section 245(i), the applicant must have been the beneficiary of a labor certification or employment or family-based immigrant visa petition (Form I-140 or Form I-130) prior to April 30, 2001. If the filing was between January 15, 1998 and April 30, 2001, he or she must also establish physical presence in the US as of December 21, 2000.

    If one is filing under Section 245(i), the I-485 must be accompanied by Supplement A and an additional penalty fee of $1,000. Finally, it is also important to disclose criminal arrests and convictions, however minor. Of course, those who have a criminal record must seek the advice of an attorney prior to filing the I-485.

    While not all minor arrests or convictions will lead to inadmissibility, some may and it is important to find out whether the applicant is eligible for a waiver. If one is filing an I-140 concurrently with the I-485, note that the USCIS announced on June 28, 2007 that it was temporarily suspending premium processing for 30 days from July 2, 2007 due to the heavy rush in applications.

    Cyrus D. Mehta

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  • Relax and send all the documents requested by the USCIS. They might ask you for additional documents later based on what they receive from you or may approve your case.

    Thanks a lot for your reply.

    I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)

    Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.

    My labor has been approved & in that it is mentioned, position requires Masters degree.

    Do I qualify for EB2 category?
    I already filled I-140 in March 2008 under EB2.

    I will really appreciate your response.


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  • I'm sorry, I haven't monitored the web-site since my last posting.

    Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.

    However; today reality really hit me hard.

    One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).

    He was the one of the nicest guys I have talked to. Very courteous fellow.

    They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.

    She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.

    I need a couple of days to get over this.

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  • i sent emails all three nightly news shows at nbc, abc and cbs

    i also sent an email to anna at sepiamutiny

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  • The issue is that people speak big here - but run away when asked to come forward. How do we trust 35K members who have tons of excuses for not doing anything for themsleves and blaming IV and questioning IVs credibility?

    Also another point in your response that said ...how do we trust .....

    I ask do we have a choice ... to not trust.

    Trust is a strong word.

    IV is based on trust and common goals I think

    All the members on this forum have atleast some TRUST and Faith in IV otherwise they wouldnt be here .....Maybe they are fearful of coming out in the open but like I said I am sure they will unite to take action under the IV umbrella

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  • While it is a good idea to educate the congress regarding the impact the EB Green Card applicants could have on the Housing Market. It is a terrible idea to propose a legislation which would offer GCs to applicants who would purchases houses in US. To put it bluntly, the legislation seems to be meant for selling GCs to applicants who are in a position to afford it, offering GC to applicants who will invest in housing market is akin to giving out GCs for cash and there is already a category for that. How would one factor in the CP applicants like nurses and PT who are waiting in their home countries?
    The idea should be modified to spread the message regarding the positive impact that the EB GC applicants could have on the housing market and not to create a niche category of EB applicants who can purchase their GC to scoot ahead of other less fortunate ones. This proposal should be nipped in the bud before some anti immigrant group or advocate like Lou gets wind of it.

    Yes that is exactly what it is - buy one of those toxic assets and you get a GC. It is like premium processing or investment based PR. Though I am not sure such legislation will help most of us. Since many of us will not afford to buy a house right away we have to wait. Even if we want to buy a house who is gonna give you a loan in this day and age unless you have some serious savings that you want to invest in a house. But if someone is granted a GC then no doubt the possibility to finally settle down in US increases which in turn fuels the desire to buy a house.

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  • Can I start a new thread asking who will be next president of Zimbabwe?

    What a waste of resources.

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  • Indians are masters in creating unnecessary ourage. Look what a big deal the Indian media made of students being attacked in Australia. Indians declared Australia as a racist country and they branded Britain also as racist when Shilpa Shetty episode took place. Now also they are making a non-issue as a big deal. It seems that Indians thinking is buillt around that all the world is racist and biased toward India. But, when it comes to showing ourage to genuine issues they are always silent. So many horrible things happen to millions of Indians everyday but no body cares about them. Also, when chinese think tank published a report last week about breaking India in many states, there was no outrage. As compared to this news SRK news is nothing. The reason is simple chinese will shut Indians out because they know what works while dealing with Indians.

    Anti.... welcome to 21st century assertive Indianness. We fight for our rights!

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  • Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).

    However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.

    I interpreted that as allowing a country to go over the overall 7% limit in the total EB categories.....Which conforms to what USCIS did in 2005....USCIS allowed much larger than 7% from India that year...and they were within law...( Of course that can be litigated against if someone raises an objection ......)

    So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...

    [QUOTE=sainwa;701250]has any one thought why did this happened at the same time when he is making a movie about a "Khan in US"? QUOTE]

    Exactly! And most Indians being the b'wood lovers they are - fell hard, as always.


    posted 07-24 09:59 AM

    Ron Gotcher has some thoughts on India E2 movement over the next two months.

    More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.

    Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.

    The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.

    Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.

    The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.

    The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.

    This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.

    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.

    Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.

    I hope this clarifies matters.

    Ron Gotcher

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