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Monday, August 8, 2011

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  • dan19
    08-30 04:58 PM
    I am doing my Canadian Immigration myself.

    It is fairly a simple and straightforward process. So my advice is "Do it yourself". Immigration lawyers do normally charge more that $1000 and make mistakes.

    Since it takes around 1.5 years for the entire process to complete, send the application as soon as possible. Dont wait for gathering all the document! That will ensure that you get a early priority date. If more documents are needed, they will ask you. (Most people sent English Proficiency and Police Certificates after submitting the application, though they are required to be part of the initial application)

    I can describe the procedure:

    1. Calculate your points based on the information on Canada Immigration website. If it is more that 67, you are good.

    2. To prove English proficiency, take IELTS test. You need to register for the test as soon as possible since some centers are always full. (Some of my friends who studied in USA skipped IELTS - rather they wrote a letter stating that they are proficient in English as they studied/worked in USA)

    3. Make sure you have the required funds. It's around $13,000 for a 2 member family. (Again check the Canadian Immigration website for accurate info)

    4. Get experience letters if you are claiming experience.

    5. Get Birth Certificates and Police Certificates. If you are an Indian, the link you need to look for is http://www.indianembassy.org/newsite/misc_guide.asp

    6. Though they do ask you to send US FBI Police Certificates, do it later. (They will ask you for updated FBI Police Certificates evenif you submit it earlier)

    7. Fill the forms, attach the documents and send it!!!!


    Visit http://www.canada-city.ca/canada-immigration/ or
    http://www.immigration.ca/discussion/forum.asp?FORUM_ID=4 for further discussions.


    Our frustration with the US legal immigration and retrogression seems endless. My wife and I are considering immigration prospects to Canada. Can somebody please suggest good responsive lawfirms that could handle a Canadian PR application? We would also appreciate some insight on Canadian immigration prospects for physicians. Thanks





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  • imh1b
    01-13 01:07 PM
    http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf





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  • andy garcia
    06-27 09:01 AM
    According to Ombudsmn report a documentarily qualified applicant is an applicant with approved I-485. The ombudsman report is a must read; most of the threads will not pop up if everyone reads them.

    In the same bulletin they use this defunition for Documentarily Qualified

    Documentarily Qualified
    The applicant has informed the consular processing office that they have obtained (after being requested to do so) all of the documents which are required to meet the formal visa application requirements

    I think that the ombudsman is going one step further by saying approved it should be applied or properly filed





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  • vdlrao
    07-21 05:33 PM
    Spillover is usually USCIS inefficiency to allocate them. The law says USCIS can leave some visa unassigned but cannot over assign even a single visa for a year.

    This UNUSED VISAS OF FAMILY BASED are not due to the inefficiency of USCIS but because of the 7% limit for each country and 2% for dependent areas of family based visas.



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  • gc4me
    02-14 08:22 AM
    Guys/Gals,
    Looks like endless discussion is going on here..
    I think that USCIS has done some injustice with EB3 ROW. And I would like to talk to an attorney about the possibilities to sue the USCIS about this. I need some people with me so that we can better explain our issues and form a group to ease the process.
    Please send me PM if you agree with my view and want to go forward.





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  • ingegarcia
    10-10 08:59 AM
    This is half truth.
    Tn1 to GC is legally possible but once your GC application (I140 and/or I 485) is pending, your TN1 cann't be renewed. If your dates are current, you can apply I 140 and 485 concurently and get EAD, while you hold TN1. Once you get EAD, you don't have to worry about renewal of TN. Here you need to manage possible two risks; You must get EAD before next TN renewal, and by chance, if I 485 deny, you have no back up and must return to Canada.

    Current retrogression, it is not possible to go from TN1 to GC.

    My PERM labor, I 140 approved and I 485 is pending since more than 12 months. I was confident and took calculative risk.

    Thanks for the information. :D



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  • sargon
    05-01 03:47 PM
    Please show solidarity with Pakistani Sikhs too.

    http://timesofindia.indiatimes.com/World/Pakistan/Taliban-seize-Sikh-houses-shops-in-Fata/articleshow/4469796.cms

    The least India can do is to is to offer asylum to all Pakistani Sikhs. Our govt has not shown any inclination for that so far.





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  • nozerd
    05-11 04:34 PM
    Depends on your income and number of kids. Check http://www.cra-arc.gc.ca/benefits/cctb/faq_payments-e.html for more info. Some details below.

    CCTB: Calculation and payment information
    When are Canada Child Tax Benefit (CCTB) payments made?
    I did not receive my CCTB payment this month. What should I do?
    How do I tell the CRA about my change of address?
    Can I start getting my CCTB payments by direct deposit?
    How do I change my banking information if I receive my payments by direct deposit?
    What happens to CCTB payments if the recipient dies?
    When do we recalculate your CCTB?
    What happens if you owe money for CCTB?
    How are the Canada Child Tax Benefit and the National Child Benefit Supplement calculated?
    What determines the maximum payment for the National Child Benefit Supplement (NCBS)?
    Do the Child Care Expenses that I claim on my 2005 income tax return affect my CCTB?

    --------------------------------------------------------------------------------

    1. When are Canada Child Tax Benefit payments made?
    Benefits are paid over a 12-month period from July of one year to June of the next year. Generally, payments are made on the 20th of each month or, if your annual entitlement is less than $120, we will send it all in one payment on July 20th.

    CCTB and integrated payment* dates

    July 20th, 2006
    August 18th, 2006
    September 20th, 2006
    October 20th, 2006
    November 20th, 2006
    December 13th, 2006
    January 19th, 2007
    February 20th, 2007
    March 20th, 2007
    April 20th, 2007
    May 18th, 2007
    June 20th, 2007

    * Note: Integrated payments include the BC Family Bonus, the New Brunswick Child Tax Benefit, the Newfoundland and Labrador Child Benefit, the Northwest Territories Child Benefit, the Nova Scotia Child Benefit, the Nunavut Child Benefit, the Saskatchewan Child Benefit, and the Yukon Child Benefit.

    The Alberta Family Employment Tax Credit is issued twice a year, in July and January. The payments will be issued on July 27, 2005, and January 27, 2006, for the 2004 base year.

    For more information regarding our benefit programs, please visit the Canada Child Tax Benefit (CCTB) page.

    2. I did not receive my Canada Child Tax Benefit payment this month. What should I do?
    We generally pay your benefit on the 20th of each month. If your payment does not arrive on that day, please wait five working days before calling us at 1-800-387-1193.

    3. How do I tell the CRA about my change of address?
    See How to change your address.


    Top of page4. Can I start getting my Canada Child Tax Benefit (CCTB) payments by direct deposit?
    You can have your CCTB payments deposited directly into your account at a financial institution. To start direct deposit, complete the "Direct deposit" section on Form RC66, Canada Child Tax Benefit Application, or send us a completed Form T1-DD(1), Direct Deposit Request - Individuals. If you get your payments by direct deposit and your banking information changes, send us a completed Form T1-DD(1), Direct Deposit Request - Individuals. You cannot change your banking information by calling us unless you have other CRA products deposited into that same account.

    If for any reason we cannot deposit a payment into your account, we will mail a cheque to you at the address we have on file.

    5. How do I change my banking information if I receive my payments by direct deposit?
    If you get your payments by direct deposit and your banking information changes, send us a completed Form T1-DD(1), Direct Deposit Request - Individuals. You cannot change your banking information by calling us unless you have other CRA products deposited into that same account.

    6. What happens to Canada Child Tax Benefit (CCTB) payments if the recipient dies?
    If an individual dies who was receiving CCTB payments for a child, the child's new caregiver should contact us and give us the date of the recipient's death.

    We may still send out a payment after the date of death because we are not aware of the death. If this happens, please return the payment to us with a brief letter of explanation. See our listing of CRA offices for the one nearest you.

    If you are the surviving spouse or common-law partner of the deceased individual and you lived with that person at the time of his or her death, in most cases you won't have to complete a new CCTB application. If certain requirements have been met, the children will be automatically transferred to your account.

    If you are any other caregiver (such as grandparent or guardian), you will have to complete Form RC66, Canada Child Tax Benefit Application, and send it to us.

    Note
    If you are the new caregiver and the deceased individual was receiving payments under provincial or territorial child benefit programs that we administer, you do not have to apply separately to qualify for these payments. We will use the information from Form RC66 to determine if you are eligible for these programs.


    Top of page7. When do we recalculate your CCTB?
    We will recalculate your benefit and send you a Canada Child Tax Benefit Notice showing our revised calculation:

    every July based on the returns that you and your spouse or common-law partner filed for the previous year;
    after each reassessment of either your or your spouse or common-law partner's return that affects the calculation of your benefit;
    after a child for whom you receive the CCTB turns 18 (the last payment you will receive will be for the month of his or her birthday); and
    after you tell us about changes to your situation that could affect your benefit (see When to contact us about your CCTB).
    8. What happens if you owe money for CCTB?
    If a recalculation shows that you were overpaid CCTB, we will send you a notice to advise you of the balance owing. We may keep all or a portion of future CCTB payments, income tax refunds, or goods and services/harmonized tax credit (GST/HST) credits until the balance is repaid.

    9. How are the Canada Child Tax Benefit and the National Child Benefit Supplement calculated?
    You can use our new online service to get an estimate of your benefits.

    Your CCTB payments for the 12 - month period of July 2006 to June 2007 are calculated using the following information:

    The number of children you have;
    Your province or territory of residence;
    Your 2005 family net income;
    Your or your spouse or common-law partner's claim for child care expenses for 2005; and
    Your child's eligibility for the Child Disability Benefit.
    Basic benefit:

    The basic benefit is $1,255 ($104.58 a month) for each child under age 18 (the basic benefit is different for residents of Alberta, see the note below).
    There is a supplement of $88 ($7.33 a month) for your third and each additional child.
    There is a supplement of $249 ($20.75 a month) for each child who is six years of age. This supplement is reduced by 25% of any amount you or your spouse or common-law partner claimed for child care expenses on your income tax return. Eligible families with children under six years of age will receive the new Universal Child Care Benefit.
    We subtract a benefit reduction from this amount if your family net income is more than $36,378. For a one-child family, the reduction is 2% of the amount of your family net income that is more than $36,378. For families with two or more children, the reduction is 4%.
    Note
    The Alberta provincial government has chosen to vary the amount of the basic benefit that its residents receive. The basic benefit is:

    $1,147 ($95.58 a month) for children under 7;
    $1,225 ($102.08 a month) for children 7 to 11;
    $1,373 ($114.41 a month) for children 12 to 15; and
    $1,452 ($121.00 a month) for children 16 or 17.
    National Child Benefit Supplement (NCBS):

    One-child family: $1,945 a year ($162.08 a month). This amount is reduced by 12.2% of the amount of family net income that is more than $20,435.
    Two-child family: $1,720 a year ($143.33 a month). This amount is reduced by 22.9% of the amount of family net income that is more than $20,435.
    Three-or-more-child family: $1,637 a year ($136.41 a month). The total will be reduced by 33.2% of the amount of family net income that is more than $20,435.
    Note
    If you are on social assistance, the NCBS may affect the amount of your social assistance payments. Many provinces and territories will consider the NCBS you get as income and will adjust your basic social assistance by this amount.




    Thanks for the response. Govt sends a check for each child every month ! Thats too good to be true. How much is the check for.



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  • sunnymit
    07-30 02:56 PM
    What does this means? :confused::eek::cool::rolleyes:

    We are all talking about Amway/Quickstar here and the approaches ppl take to get to you.. However, I think your mind is wandering at different levels. hmm.. perhaps your experiences have been different?





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  • 485_spouse
    07-17 04:47 PM
    Sorry she will have to wait for the your PD to get current.

    Thank you, Sir/Madam.
    485_spouse



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  • kuhelica2000
    02-13 10:06 AM
    I couldn't agree more with you. The limited number of GC is definitely a critical factor. But we have contributed to this mess ourselves. Look what happened with EB2 India. Did India started producing EB2 talents overnight? No; rather we started polishing our resumes with inflated years of experience and job description so that we can apply to EB2. The system is too liberal and based on trust. If employers start scrutinizing resumes and certificates a lot of applicants will simply drop off from the GC queue.

    Before the Y2K problem, the most common route for Indians to migrate to the US (EB category) was this -->

    TOEFL
    GRE
    Admission into US university (most likely for masters)
    Scholarship or loan
    MS/Phd in US
    Internship using OPT
    Job/ H1

    Since this involved multiple non trivial steps; the barrier for entry was pretty high that prevented mass migration.

    There were procedural delays (in some states with a lot of Indian population ( oh yeah; labor certs used to take 3-5 years esp in California, Texas & Northeast; but you could get labor cert faster in south dakota or such less densely populated places; but once you hit the 485 stage, you were certain of a GC within a few months )

    And then along with Y2K came TCS, Wipro, Infosys, & infinite other bodyshops that suddenly changed the equation. No need for TOEFL, GRE. No need to fight for scholarship; no need for TA. no need for RA; no need for MS; in a lot of cases, no need for even UG degree in computers/engg. The requirements ranged from having all 10 fingers in place to knowing the right people in the bodyshop company to land an assignment in the US. Once placed at a client site, it was just a matter of finding the right opportunity to get the client to sponsor your H1. I am sure there were a lot other ways the H1 & L1 visas were abused.

    So the situation changed from just procedural delays to procedural delays + extra influx of Indians due to H1/L1 visa misuse.

    Ofcourse, we can only blame the inefficiencies of the USCIS/INS/DOL system & silently turn the other way when malpractices & visa abuse were rampant (I guess still is) in the IT bodyshop industry.

    I am sure this rant will seem extremely prejudicial. But just for a slight moment; think about why all this happened.





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  • sundarraj61
    09-29 12:43 PM
    Hi Kukitron and all,
    I am having a new h1b with validity 7/2009. But My Visa expired by Aug,2006. Please clarify, can i travel from canada to Seattle thro Road with the expired visa and the new h1b which contains a valid I-94

    Thanks
    Sundar

    I just arrived yesterday from Canada with an expired Visa and my extension notice from INS.

    Unfortunatly, they officer was an ignorant pig without any knowledge about immigration. Luckily, I was sent to an office where officers were nice and well trained,

    I recommend you to print out the actual law so you can have more arguments and arrive earlier to the airport if you are flying



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  • BharatPremi
    12-13 05:15 PM
    Isn't there any Indian lawyer who is a member of IV and can give some direction to this discussion?

    Yes, some law professional should really enlighten us for this deep waters.





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  • Winner
    09-23 01:36 PM
    Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.
    I used www.MemberhomeLoan.com



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  • samay
    07-15 05:10 PM
    Dear Attorney,

    A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.

    I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.

    The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.

    One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.

    Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,

    John
    Do you have an attorney. If yes then contact him if not then please contact me and we can discus your successful appeal.





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  • ocpmachine
    09-15 02:54 PM
    I just wondering seeing these estimated numbers, with out having a proper information, for the given years.

    Vdlrao,

    You are admired a lot for bringing in hope for lot of people with your EB2 prediction thread, can you jump in and throw some numbers here please if you think the numbers quoted are out of way, i understand this is time consuming but since you already did your homework last time around it should take you few minutes to come up with some realistic numbers.



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  • dilber
    07-15 07:25 PM
    For first quarter EB2 India will have 1/4 of 9,800(7% of 140k visas), which are 2,450 visas. I wonder
    how u got 800 visas. I dont see much retrogression in EB2 dates other than some mild ones. And the dates move pretty fast on a whole.
    About EB3: it wont be like now all the time. The Immigration reform bill wont keep failing all the time. There would be a time for it to pass in the next two years. As soon as it passes all our Employment Based categories, specifically EB3, will get greatest benefit with PDs almost becoming current.

    Vdlrao:
    First of let me congratulate you. You have been amazingly accurate time and time again about the movement. Do you have some internal sources:rolleyes:
    Jokes aside I think you miss calculated the 2450 visas for the first quarter for the EB2 India. I think the 7% country limit is on a state as a whole including EB1, EB2, EB3, and others. So going by this India gets 9800 visas for a year without any spillovers. The spillovers happen in the final quarter only so for each of the first 3 quarters EB2 will get 28 percent of one fourth of 9800 and the same amount will go to EB1 and EB3 as well. so EB2 I gets 686 visas. But I agree with you that in the last quarter EB2 I will move very fast because it will get all the spillovers from EB1 and EB2 ROW..





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  • TeddyKoochu
    09-15 11:36 AM
    Thanks for this useful info. 05 & 06 approved #s in Q-4 of 08 looks very significant - these alongwith approval of 'multiple filed AOS' will surely reduce wait time for 05-EB2i. Hop[efully before june 05 cases will be done.

    Friends I believe that we are underestimating the cases that have been abandoned due to the bad economy. Individuals having to back, revocations etc. I estimate that we can chop off at least 25% more just by that on top of the existing deductions / reductions. clearing out of the 2006 batch by Sep 2010 looks really very likely.





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  • iviviv
    10-09 01:14 PM
    Been contemplating Australian or Canadian migration to get around the retrogresion issue. Are there any former H-1Bs out there who got Canadian citizenship and then applied for US green cards? Please describe your experiences.

    How about any Australan nationals who obtained Australian nationality and then
    obtained US green cards?

    Please describe your experiences- both good and bad.





    gc28262
    09-04 11:48 AM
    Deleting this thread does not change the facts nor does IMV will gain anything out of it. The reason we even discuss these things here other than immigration is because we have immigrated and we have a common bonding.

    _TrueFacts,

    IMO IV is not a social networking site for Indians. IV was established for a purpose. Anything that goes against IVs intention should be deleted.

    First of all this topic is not at all related to immigration.
    More importantly this thread will cause lot of bad publicity for us.
    After few weeks you will see TR and Co picking up on this thread and quoting it.

    It doesn't matter whether YSR is good or bad, speaking ill of a dead person is considered uncivilized.





    reddymjm
    09-23 01:04 PM
    Thanks for sending.

    send me a PM with addresses that bounced. I will update the list.

    I sent you a PM with the list of email ids.



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