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  • smuggymba
    07-28 11:26 AM
    what is diamond, emerald, upline etc?





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  • El_Guapo
    01-14 10:19 AM
    The right to control the beneficiary is different from actual control. An employer may have the right to control the beneficiary's job-related duties and yet not excercise actual control over each function performed by that beneficiary. The employer-employee relationship hinges on the right to control the beneficiary.

    Don't all companies have the right to control the beneficiary? For instance, a sponsoring company has every right to determine if an employee shall be placed on a project billed at $50/hr or if they seek another project/client with a higher billing rate. Similarly, the employer has every right to determine if the employee will be placed at a client requiring a project manager or at a client requiring a developer, thus effectively controlling the beneficiary's job-related duties!





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  • PavanV
    09-04 12:38 AM
    Guyz,

    Can you stop bickering about YSR, the mans gone !!. He has done a lot for backward castes and minorities
    (from what i hear, gave reservations), I must say however that he had very bad reputation for being a Goonda during his college days, and a very notorious politician for proselytism. I have been to interior Andhra recently, it felt like I am in Rome, there is a church almost every 10 kms !!, people don't practice Christianity that vigorously over here in the US ! (no offence intended against Christianity). Hopefully folks who covert have a better life, the caste system did treat them very badly.

    Peace.





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  • AirWaterandGC
    05-11 09:22 AM
    Great observations and for once an objective analysis of CA.
    nozerd, what is pmt ? Also did you find out what are the total taxes that one has to pay say on an income of 100000 single/ 200000 married couple ? That would be very helpful if calculating one's take home pay.

    Folks,
    I just got back from Canada yesterday. I am a PR holder landed in 2005. I had gone for my 8-11 yrs H1 stamping. Needless to say this trip I was very vigilant and observant about Toronto. Here are some thoughts.

    1) When you enter Canada they will ask you to fill a customs/immigration form. On the form one question that is asked is " When were you last in Canada" also the form asks for your "current permanant address". So in my case I was last in Canada in May 2005 and I entered last week it aroused suspision. The officer asked me if I was within 2 to 5 yr room. I told him I was and I was using this trip to plan for our move. So after some questioning he let me in. I guess if that date was March 2007 instead of 2005 he may not have questioned me as much.

    2) As far as lifestyle and products there is no products not available there. Every food item and consumer good is available in Canada. The grocery stores and their shelves look the same. Since the population is low most iotems are made in US and imported. Only way to know its a Canadian market is because by law all products need to be marked in English and French.

    3) Malls etc are the same as US. Eaton Center or Vaughn Mills is no different then The Galleria or Katy Mills in Houston.

    4) Housing is what you pay for it. It is definitely more expensive than Texas and Southern US but cheaper than California or NY. Rents are cheaper in run down areas and expensive in good areas ( duh !). In a major commercial area in a middle class building I was quoted $ 1000 for a bachelor and $ 1,200 for a 1 bedroom apt but this was all bills paid.

    5) Jobs are fewer than US. Best thing to do is take a transfer with your company if they have offices there ( I know of 4 ppl who have done that). Basically if you have a US, Canadian or UK education you will be fine but iof your education is purely from India you may have a tougher time. A good option is to find a job in a border city and commute daily ( Windsor/Detroit or Foret Erie/Buffalo). I think this is a very good option if you can get a job in Detroit or Buffalo.

    6) Taxes are high. I was told by many that whatever taxes you pay in US double them. Sales tax is 15% in ON where it is 8% in TX. Income tax is also higher. Higher taxes are a fact of life in Canada (no ifs ands or buts). In return you have a country where there is no fiscal or budgetary deficit and a very well funded social security system ( unlike US). You also have benefits like 9 months paid maternity leave, a pmt every month for every child you have and medical benefits.

    7) Awesome public transport system. Gas is $ 1.04 or so a litrer when I was there. Insurance is expensivbe but not topo bad if you have a US license and good solid 5 yr US driving record. However its ridiculously high for non US or European immigrants.

    So bottom line Canada is not US and comparing it to US is not fair. However its the closesnt to the US you will get in any other country. Its everyones personal decision and no one forces anyone to apply or mopve there. One could always takje a vacation/leave of absense and go try for a job there. Or else work in detroit/buffalo. Now detroit/buffalo is in US can you find job there ??????? or are they doomed too because of proximity to Canada:rolleyes:



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  • _TrueFacts
    09-04 01:19 PM
    Some more links on Corrupt YSR

    http://mboard.rediff.com/newboard/permathread/s/bnews2008apr03ap/RE_Good_job_by_chandra_babu_naidu_in_exposing_corr uption-3.html

    Tehelka - India's Independent Weekly News Magazine (http://www.tehelka.com/story_main41.asp?filename=Ne300509eating_the.asp)

    YSR's evangelist son-in-law triggers 'war of words' - Express India (http://www.expressindia.com/latest-news/YSRs-evangelist-soninlaw-triggers-war-of-words/421191/)

    what is the mistake of Andhra Jyothi? :: Politics :: Telugulo.com - Telugu portal, Telugu cinema, andhra news, telugu politics, andhra cities, hyderabad (http://www.telugulo.com/view_news.php?id=3810&limit=10&pg=2)

    Red Flag Hoisted on Satyam’s Lands (http://www.cpiml.org/liberation/year_2009/march_09/cover.html)





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  • ajaypr
    06-24 01:55 PM
    ..I am waiting for the punch line. What's the point of this? We all know it...

    Well this is just another source or confirmation that EB-1 and EB-2 India is going to become unavailable in the coming months or year.

    "In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories."



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  • eb2waiter
    05-09 05:17 PM
    what I meant was... you can reevaluate your situation from India.
    Since there is nothing there in Canada anyway.

    This is from personal experience. I went through the canadian PR also and now have lost it. I have some friends in Canada and India who had to move because of failure to file for GC before 6yr H1. My view of Canada and other feedback is

    It is not a first world country as they want you to believe.
    The cost of living is very high though the salary is very low.
    Cost of goods is almost the same or most of the time higher than in US.
    Medical is by state (where applicable) but doctors are not good and the wait time is large.
    Taxes are very very high.
    I can go on and onnnn...

    My advice which will save you almost 3k-6k is dont do it if you are waiting for GC. Else you can do it at a short notice. The other options are, if you dont like 5year wait time from India, is to come back in H1 to the US and again reapply. At least this way you know how your GC turned out.

    ---DISCLAIMER: ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---





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  • sunny1000
    12-13 05:06 PM
    Good point. But point what we are discussing is whether the rules (per country based) made to process GC can be challenged in US Courts within its constitutional limits? If tomorrow US decides to shut down EB/FB we do not have problem. Certainly it has that right. But when US wishes to have those immigrants than do we (applicants - non -immigrants) have a right to challenge particular rule (here per country based limit) in Court?

    The U.S government absolutely has that discretion to make any rule/law under the Foreign Policy doctrine which no Court will interfere. The analogy for this would be the rule - wet/dry policy - they follow with the Cuban immigrants who get a GC just based on landing on the U.S soil. Nobody can challenge that rule (which favors only migrants from Cuba - when Mexicans do the same, it is considered illegal) but, a cuban immigrant can challenge what constitutes U.S soil which the courts can decide.

    In short, you cannot challenge the law itself but, can challenge how the law is interpreted.



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  • nogc_noproblem
    07-25 03:03 AM
    VDLRAO - You brought lot of valid points which supported by authentic statistics. But surprisingly Ron’s comment about the Aug bulletin is totally vague. You can throw the numbers to prove your claim but I don’t think Ron really has any such numerical explanation for his statement.

    With all due respect, I beg to differ from Ron (probably for the first time).

    I doubt it whether he knows about the USCIS has changed the spill overs to horizontal fall outs and due to that the number of visas added to EB2 India/China. The horizontal spill over is giving a greatest adventage to EB2 India and making it run to catch up CURRENT. I see in the link http://www.immigration-information.com/forums/showthread.php?t=5456&page=8 , in one post he is predicting " I expect to see substantial worldwide EB3 movement during the next fiscal year." . But its not true because the EB3 world wide wont have many visas as before from now on. The EB3 world wide will move based on the 7% quota but not more than that.





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  • aranya
    12-14 03:33 PM
    So that interprets to "7% limit for every country" - seems to be "Equality"
    Equal yes but also separate and that did not work very well in the past, did it?



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  • lfwf
    02-15 07:20 PM
    as always.

    i'm indian fyi. i'm not techie, i have nothing top do with body shops. and yes i'm a little offended by the streotypical crap.
    i do not claim any "best and brightest status" either.
    here are my questions:

    to the fighting indians: what good is the removal of a country cap on it's own? sure date for india will move a bit and row a little back. but most people will still be stuck because of the annual quota. without increased GC numbers the point of country quotas is moot.

    to row warriors: i guess if it benefits you it must be fair. cool. maybe i would have felt the same in your place. but tell me...i came here and did a lot of education. today in EB2 people like me (and even less qualified than me) are walking through with today's PD. i am 10 years away from a GC. any good reason? why am is so bad? so inferior? why am i penalized for my place of birth? fair? whatever...
    what if the same diversity were applied by occupation? religeon? color of skin? it's still diversity...would that be ok? if not then why place of birth? i'm not asking you to give up what you have by good fortune. just seeking acknowledgement that maybe there is something not quite fair here...

    anyway as for this funny accusation on all indian students being H4's, wow you can say anything you want, right?
    actually india and china are in teh top 5 receipents of F1 visas, and far ahead of most countries

    http://travel.state.gov/pdf/FY06AnnualReportTableXVII.pdf

    now folks. STOP.
    you are making me sick.





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  • mchundi
    01-09 02:11 PM
    I just got to this site via from immigration portal.
    I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

    No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

    The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

    Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
    I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

    Following reforms are needed in Labor Substitution.

    - First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

    - When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

    - If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

    - There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

    In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

    neocor
    Probably true,
    I think the DOL/USCIS(I dont know who) is moving in this direction.
    The real problem is the 7% limit per country and the time it takes for one to go thru the 3 steps.
    There r several people who have started G.C process several times for different reasons. This slows them (DOL/USCIS) down and remember this is like a chain reaction until u stop applying for a G.C or AC21 kicks in.
    Bill Clinton signed some immigration relief for the illegal immigrants just before he left without allocating any resources to process them. Close to 300,000 illegal immigrants filed their labor before Apr 2001. This brought the DOL to a halt and it couldnot recover for 2 years. Finally the BEC's were created to resolve the mess created by the new law. They did not sove the problem but addressed it to some extent. For some it became worse.
    In the meantime several VISA numbers went unused because the DOL probably scrutinized the cases more thoroughly and probably there were more rejections by USCIS
    The reason why so many people look for loop holes is because of the inordinate delay in the process.
    I guess the situation will only become worse unless those who got their labor get to apply for 485 and get portability thru AC21 or dropout altogether.
    The problem with labor is partly addressed thru PERM. Over the next couple of years the BEC's eliminate the backlog and soon everybody will be in the hunt for the VISA numbers.
    The best that can be done now is the fight for more VISA numbers and be able to file for I485 whether a VISA number is available or not or anything that addresses this like
    1: increase the overall VISA numbers (McGain && Kennedy)
    2: capture unused VISA numbers
    3: Cap not being applicable for those with Masters degree in ---- && 3+ years exp before starting the G.C process (Sen. Chuk hagel)
    4: Being able to file I-485 even with no VISA number(failed S-1932)
    --MC



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  • h1techSlave
    09-23 03:32 PM
    No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......


    Actually you are right that such a proposal is not fair. But putting country quota is also not fair, when we are talking about EB GCs. And like you said, BECs were also not fair. So the whole EB thingie is pretty badly messed up. We are suggesting the Congress a way (an unfair way) to get out of this mess.





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  • Lasantha
    12-14 02:48 PM
    His/Her country of origin and the state chapter is not really relevent for this discussion now, is it?
    :cool:
    Villamonte,
    Just so that we can understand the background of your continues opposition to this idea, could you please let us know your country of origin? Also some information about which state chapter you belong to will be great if you don't mind. :)

    Thanks.



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  • Rohan99
    07-22 12:24 PM
    dude, don't read too much.... it is a fun thread, Another way to scare Amway jokers.

    You will not believe that during Indian Independence day parade in Fremont Ca, these jokers were standing next to ticket counter and bothering everyone. I was not spared but I was polite to them because by nature I am not rude but annoyed lot.


    Dont you think you took it too far? I dont think you make much sense. There it is, since you asked for my opinion.





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  • wandmaker
    08-12 02:31 AM
    I have been granted a PR last week; Now, I am waiting for the card to arrive in the mail. I will be traveling out of USA next weekend. I renewed my H1 once since my last entry and have one white I-94 and other one came with the 797 approval notice. Do I need to give my I-94 to the airline staff or should I keep it with me? Please advice.



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  • gc2005
    05-25 12:01 PM
    We are thinking about applying for canadian PR. Should we include our son (US citizen) in the application? or do US citizens get to reside in Canada without visa?
    Also, currently my company is processing my GC, will this be affected if we apply for canadian PR?





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  • dealsnet
    09-04 05:26 PM
    Now I think new people are running IV.
    Aman Kapoor (Walden Pond) is not controlling now. That is the reason these idiots have got the admin previlages. Now they do nothing worthwhile. Bunch of jockers.

    If this was about you being having admin previledges,you wud have been taken to trial for misusing this board.....AH...





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  • desibechara
    10-09 03:48 PM
    hi:

    But is it possible to continue to work on TN1 Visa and change jobs and not apply for the GC? Can one continue to do that?

    db





    sachug22
    10-07 05:00 PM
    Some additional assumption in the calculations

    China gets its share of EB2 numbers (by priority date)
    95% cases are approved and none are delayed
    EB3 to EB2 porting and cross-changeability ignored (they counter each other)
    I-485 filled in last few months will not be approved (processing delays)
    DOS/CIS are efficient and follow rules.





    okuzmin
    07-11 07:48 PM
    Another option for future Canadian PR's: you can get a business visa to come to the USA. US consulates give such visas much easier to Canadian PR's rather than to just a citizen of India, China, Russia, etc.

    Yet another option: get a job with a Canadian company that has an office in your native country. You can get a transfer to that office and work in your homeland (or travel back and forth) while still accumulating days/months/years to qualify for Canadian citizenship.



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