Saturday, August 6, 2011

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  • jsb
    06-04 01:20 PM
    I agree. These are semantics of the process. Whatever they do it should appear to be an admin fix, rather than bypassing the law.

    This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.





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  • qualified_trash
    05-17 06:11 PM
    Hello Friends and my fellow GC awaiters..
    I have my labor pending for the past 3 yrs (my PD is Aug 2003) and have been waiting for ever. Inspite having a Master's I did filee in EB3 just because I work for a large company which does not allow to file in EB2.

    Anyways, I came across a company who said that they have a pre approved labor (late 2002) priority date. Is it wise to go for it or wait for something in EB category to move ahead?. I have at least 1 yr 3 months on H1 and will not have any other options except to stay in the company after 3 months.
    Is it worth taking the risk and go with the labor substitution?
    The second question/advice I'd like from you is:
    If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
    Pls let me know your opinion.
    Thx a lot guys.

    Hope is a good thing, maybe the best of things. And no good thing ever dies
    1MoreDesi !
    I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........





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  • _TrueFacts
    09-04 06:10 PM
    Since you dont have your GC details filled in your profile, I would assume your interest in this website is not related to immigration.
    ...
    If what I think you are is what you are, then its people like you who are responsible for the rise of these kind of politicians.

    gimme_GC2006,

    My interest leads me into this forum and my immigration is directly related to my country India.

    Do you agree that YSR was a gunda, a land grabber, political killer who amassed huge amounts of illegal wealth and land, never ever seen in the history of AP? You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it’s appropriate.

    If not give me reasons to say why he is not so. I never said in my posts that I am for TDP. This has become very famous excuse to put up saying that the other person/party is also involved in corruption.

    I am for corruption free India where politicians do not get involved in radical politics.

    I am providing you with numerous links to prove my point.





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  • hpandey
    02-12 12:10 PM
    are you dreaming ... India EB3 is 01AUG01

    He is talking about ROW EB3 and not India. EB3- ROW is at 1 Jan 05



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  • Hassan11
    07-11 04:20 PM
    Here is his email address: moyersonpbs@thirteen.org.
    Plese send him stories about the VB fiasco and also all your stories about working in US and deciding to move to Canada because of immigration broken system. I am pretty sure, if he receives enough articles, he will do a program about this. Please email him as many stories as possible.
    Good luck to all





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  • NNReddy
    06-15 07:52 PM
    I am certainly hoping that I will get by EOY 2011. It's more than hope, I feel pretty confident that by that time I should get it. Just mark my words, come back on dec 31, 2011 and check with me. You have to believe before you get it. Have faith guys. Sooner or later the man who wins is the one who thinks he can!!!!



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  • krishmunn
    06-12 04:40 PM
    Dilip,
    First, the rant on low wages does not hold water. The employer need to pay prevailing wage which is mandated in the LCA. If some employer does not pay that, employee can (and should) complain to DOL

    Second, you mentioned that you were employed for 2 days enabling you to file 485/EAD and thus you should not be termed out of status/illegal. If a company hired you for 2 days just to allow you to file 485 with no intent to have a job ready for you in future, the company and you commited immigration fraud --- a bigger problem. Also, you cannot invoke AC21 to switch employer before 180 days after you file 485. So, it still remains a mystery how you moved out just after filing 485.

    Your favor towards Grassleys bill shows you just want to close the door. Grassleys bill, if implemented will make it very difficult for even legit employers to get H1 employee. It is a kin to almost closing H1 program out of which you benefitted.

    Also, did you ever floated such ideas when you were on H1 ?





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  • gc_samba
    07-17 03:23 PM
    Dear Attorney,

    I was hoping you could help or answer this question.

    My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).

    Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.

    So I can work for company A (GC filing employer) full time and at the same time work part time with company B.

    So this way if company A does fire me during probation period I continue with company B on full time basis.

    Is this ok will it come to haunt me when I file for citizenship?

    Thanks

    Dev.



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  • qualified_trash
    10-24 10:24 AM
    Ok got it thanks Amoljak

    So then that is the only way one can SELL you an approved LC?
    there are also genuine cases where a big company will use the labor approved to try and retain another employ. say they file for LC for employee A. it gets approved but A decides to quit. they can then reuse it for an existing employee who is important to them and employee B then essentially gets to the I140 stage.





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  • soma
    02-14 03:34 PM
    If lawsuit/court cannot make USCIS use the numbers, how can USCIS admin fix do this?.. I am not fighting here (I sent my letters already!!!)...this just came to my mind...

    same thing crossed my mind too...then how does the letter campaign help(I sent my letters too)!!



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  • chantu
    03-30 03:05 PM
    Again...I am not supporting congress. Yes, we didnt have anything for the last 60 years. Because of MMS we are going to see something in another 20 years. Is there anything you can give me Mr.Advani's vision about it. Even after fifty years.

    Whether we like it or not....nothing is going to change for the common man. Advani, Jaya, Karuna, Maya and mulayam all are same shit but different a$$ h&^e.

    I am supporting MMS because he is not a politician. Chose the less evil. nothing else.

    Nathan, it is not about MMS, it is about congress. MMS is just a puppet as he was during Narasimha Rao's govt.

    Can you tell us with 100% surety that MMS will not get replaced by Rahul Gandhi after 2 years?





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  • sajimm
    05-17 08:50 PM
    I would recommend to be very careful if you are considering to use substitution labor. See the quote from http://www.immigration-law.com below.

    04/30/2006: Advisory for Substitution I-140 Filers Either Waiting Decision or On Appeal to AAO or Motion to Reopen/Reconsider

    The DOL is currently finalizing the rule-making process to eliminate the substitution of labor certifications. The proposed rule which has already been published in the federal register has a clause exempting those who obtained the "substitution approved" at the time of the release of the final regulation which they are currently working on. No one can predict the exact date when this final regulation will be published in the federal register.
    Under the current rule, there is no separate procedure for request for substitution of labor certification apart from the filing of I-140 petition for the new employee with the request to withdraw the pending or approved I-140 petition and substitute the alien beneficiary in the new I-140 petition proceeding. The employer's request for withdrawal of the pending I-140 petition or approved I-140 petition for the old employee is filed as part of the new I-140 petition filing on behalf of the new employee for the substitution. Accordingly, in this context, there is no separation decision which is issued by the USCIS for the approval of the substitutuion. The employers learn the approval of the substitution when they receive either denial or approval of the new substitution I-140 petitions.
    Unfortunately, the proposed substitution elimination rule does not elaborate or define "approved substitution." Because of the current USCIS practice making the decision of substitution approval as part of the decision of I-140 petition itself, there is a risk that the DOL and the USCIS may argue that "approved substitution" means "I-140 petition approval." Such interpretation will lead to devastating consequences to the aliens who's I-140 petition will be pending or on appeal to the AAO on other legal issues such as the employer's financial ability to pay the proffered wage at the time of release of the "final regulation" in that all these I-140 petitions will have to be denied because of elimination of the substitution. The damage will mount in the situation of concurrent I-140 and I-485 applications for the alien employees and their family members.
    It is thus prudent that the people whose substitution I-140 petitions are still pending consult their legal counsels to discuss strategies or options to avoid the potential deadly consequences



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  • neil.0505
    08-07 11:53 AM
    Details:

    *Company A has filled for my H1B Cancellation on June 20 but have visa stamped (valid till 2010).
    * Company B has filed for my H1B Transfer.(Have upgraded to Premium processing)
    * Have to enter canada on/before 4th Sept to validate canadian PR (will have to go to canada only for few days).

    Q: Can I re-enter in the US from on a VISA(Valid till 2010) from company A + Approved I-797 from company B?


    Your help will be appreciated!

    Thanks
    Neil





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  • desigirl
    01-13 03:17 PM
    Plainspeak - From one girl to another - you have a lot of time to kill :) For members who did not get worked up by your post, everyone has had a good laugh! Thanks.

    Trying to have a discussion on your points is meaningless (at least to me) as I do not believe in conceit.

    BTW, you don't have to respond to my post, as I will not be checking it.



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  • Picasa
    07-27 03:27 PM
    Lets see how much money you have donated. Please provide details and then we will compare.
    As far as action items are concerned... Here is the latest example:

    I have just send the email regarding EAD issues...Did you send the email?

    Also as requested by one of the member, give your mailing address so that CIS can be notified.:D

    I have been donating more money to IV over 4 years then you do, and will keep on doing. Do you?
    There are lot of action items to meeting lawmakers. Why don't get your focus on that?





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  • _TrueFacts
    09-04 12:59 PM
    breddy2000 and dealsnet,

    Other than picking on posters Id�s, do you guys have any point against YSR �a corrupt, factionist gunda, land grabber who has killed numerous people�

    A far as posting his name, that�s a little web common sense



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  • Circus123
    02-14 01:03 PM
    You are eligible to apply on the first business day of March 2008.( which is 1st ) until the last business day of March 2008 (Monday March 31st)I wouldn't wait for March end if I were you ...





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  • snram4
    01-15 05:48 PM
    For the past 2 years there were so many RFEs and denials and no body knew what basis. But if they bring a regulation and follow that everybody can prepare ahead and no surprises. It is not a question of making profit. They have to make profit by following law and ethics and not by using loopholes. The regulations will make the companies to follow the rules of the game. If bodyshoppers follow the law and ethics without any fraud they will become reputed companies and the regulations will not destroy them. But their profit may go down but good for everyone. Inspite of insane rules annual cap is reached even unemployment is decade high. I would term protectionist if annual cap is reduced or they make restrictions such that h1b cap usage is so low. In India best persons are available and whatever restrictions they put Indian techies will overcome unless they block it completely. 65k H1b is attached to WTO and no way they can reduce that.


    snram4,

    It seems you are concerned about companies making profit than what happens to you. That is a typical socialist/communist thought process. Communists/socialists are worried/jealous about companies making profit rather than their own well being. Ironically you are in the capitalist meca of the world.

    If you are not fine with companies making profit, you shouldn't be here in the first place.

    H1B rules are on the slavery lines already. Think about all the restrictions we have to undergo just because of H1B. Irrespective of whether H1B is allowed on consulting, consulting is here to stay in US and all over the world. If not H1B, Citizens and GC holders will do the consulting.

    The only thing many of us are good at is screwing our own countrymen and colleagues. Did it ever come to your thought that existing H1B rules are insane already ?





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  • eb2_mumbai
    09-17 08:51 AM
    There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.

    Do you have any data to back your claim? I beleive there are more EB2 China numbers than India. I remember seeing some data a while back where Indian EB2 & Eb3 ratio was close to 50% where as China it was 80% EB2 to 20% EB3. Which makes me think there are more EB2 china than india.





    desi3933
    06-16 02:53 PM
    Dilip -

    Could you please respond to questions raised in my post, when you get a chance?

    I would like to add one more thing here - Employment based immigration is not merit based, it is driven by employer-employment unless you self-petition in Eb1/Eb2.

    You may be very much qualified, if there is no employer who is ready to sponsor your green card, you are out of luck, so please do not put argument that only best and qualified people get GC.

    I don't think it matters, but I am from college based in Kharagpur WB.

    Have a good day!



    ........
    ........
    1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shouldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos don't want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?
    ......


    Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.

    As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.

    I am a US citizen of Indian origin with background in Computer Science, Finance, and Business Laws. I have been in this country for 11+ years and I have seen so many changes in tech world. Nobody talks of sign-on bonus on H1B anymore. I am dot net architect and I am seeing lot of competition for jobs and this is causing downtrend pressure on salary. But, instead of, blaming someone else for the competition, I am taking it head on. We need to keep working on our skillset and employer will pay the salary. Like they say, for the right candidate salary is not a constraint.

    Let us not forget our struggling days of H1. The least, we can do, is to encourage our fellow immigrants who are waiting for their green cards.



    .





    PlainSpeak
    01-13 12:57 PM
    why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week..... :rolleyes:
    why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week.....


    For a second after seeing your statement i thought some is getting what i am saying but the smile at the very end destroyed that illusion
    But in any case whether you agree with me or not (or whether as some say i am in cloud cooko land- to which all i can say is i woke up when will you) i appreciate a reply to the post



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