qplearn
10-04 10:37 AM
Desi companies are to blame but not always.
This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:
1> You have been stuck in LC stage for a long time.
2> The initial original LC got messed up due to lawyer or company negligence.
3> The I-140 stage got messed up due to lawyer or company negligence.
4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.
Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.
Many big companies (I am not referring to desi companies here) use it when they fire a guy for whom they have an approved labor cert. This is the commonest scenario. Until sub labor is banned, and there is no certainty that it will be, we will have to live with this menace.
A person I know was so delighted when his colleague was fired because he got to use his LC; they were doing a very similar job. I am talking about a very large firm in Dallas.
This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:
1> You have been stuck in LC stage for a long time.
2> The initial original LC got messed up due to lawyer or company negligence.
3> The I-140 stage got messed up due to lawyer or company negligence.
4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.
Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.
Many big companies (I am not referring to desi companies here) use it when they fire a guy for whom they have an approved labor cert. This is the commonest scenario. Until sub labor is banned, and there is no certainty that it will be, we will have to live with this menace.
A person I know was so delighted when his colleague was fired because he got to use his LC; they were doing a very similar job. I am talking about a very large firm in Dallas.
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pappu
07-02 06:07 PM
We are starting a media drive from tomorrow on visa bulletin.
Before we post all the details and how to's
we need help from members to:
- post some email templates specific to this visa bulletin and our cause. Mention IV name several times in the template so that the reporter can contact us.
- Someone please collect a list of the reporters from pervious media drives , make a file and post it here.
Let us get this background work done tonight and from tomorrow morning we will start this drive with a bang.
=======================
media list
http://www.mydatabus.com/myFiles.php?pt=createLink&fn=Media.xls
members can post other email addresses on the thread so that everyone can write emails
Before we post all the details and how to's
we need help from members to:
- post some email templates specific to this visa bulletin and our cause. Mention IV name several times in the template so that the reporter can contact us.
- Someone please collect a list of the reporters from pervious media drives , make a file and post it here.
Let us get this background work done tonight and from tomorrow morning we will start this drive with a bang.
=======================
media list
http://www.mydatabus.com/myFiles.php?pt=createLink&fn=Media.xls
members can post other email addresses on the thread so that everyone can write emails
unitednations
02-13 09:07 PM
I am following this discussion and it is interesting. Here is what I get so far.
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
No; it is not in their discretion to suspend anything.
Before concurrent filing came around (2002); it was pretty easy to calculate dates because the 140's had to be approved. from here they could get good estimates.
However; they weren't ready for concurrent filing and 140's sat for almost one to two years to get approved. It looks like at this time; the visa dates started to get screwed up. Essentially, ac21 law says at anytime there is more demand then supply of visas in any quarter then 7% limit will apply. If you think about this; when would a situation ever exist where there wouldn't be more then 35,000 applications in any quarter?
back in 2003 in one of thos aila liaision minutes; uscis had said that approving 485's for EB people wasn't a priority and they just sat there. Hardly any EB cases got approved back then.
In April 2005 there was over 35,000 EB approvals mainly due to ombudsmen slamming them for not approving the cases. It looks like when all these cases got approved; someone at uscis/dos realized there was a big problem in their handling of visa dates and that there were too many applicants for visas and established dates and then in October 2006 they went strictly by more demand then visas available in a quarter then no ac21 and retrogression.
That's why I say there are also many people walking around with 485's who perhaps shouldn't be; because dos/uscis didn't do it properly in the last few years.
Also, due to the long time it was taking to get labors approved in heavy immigrant states (california, texas, georiga, new jersey, new york, virigina) many people from ROW in these states weren't able to get labors approved. However, many enterprising companies decided they were going to open branch offices in fast processing states (maine, new hampshire, south dakota, wisconsin) and get the labors approved very fast. This is why there is people with 2004 priority dates in eb3 with 485's pending but people in the slow states couldn't file. Now; there is a big convergence of all of this together. We all just happen to have gotten caught in a unique period of time in immigration (245i's; labor backlogs; concurrent filing; expansion of h-1b's, etc.).
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
No; it is not in their discretion to suspend anything.
Before concurrent filing came around (2002); it was pretty easy to calculate dates because the 140's had to be approved. from here they could get good estimates.
However; they weren't ready for concurrent filing and 140's sat for almost one to two years to get approved. It looks like at this time; the visa dates started to get screwed up. Essentially, ac21 law says at anytime there is more demand then supply of visas in any quarter then 7% limit will apply. If you think about this; when would a situation ever exist where there wouldn't be more then 35,000 applications in any quarter?
back in 2003 in one of thos aila liaision minutes; uscis had said that approving 485's for EB people wasn't a priority and they just sat there. Hardly any EB cases got approved back then.
In April 2005 there was over 35,000 EB approvals mainly due to ombudsmen slamming them for not approving the cases. It looks like when all these cases got approved; someone at uscis/dos realized there was a big problem in their handling of visa dates and that there were too many applicants for visas and established dates and then in October 2006 they went strictly by more demand then visas available in a quarter then no ac21 and retrogression.
That's why I say there are also many people walking around with 485's who perhaps shouldn't be; because dos/uscis didn't do it properly in the last few years.
Also, due to the long time it was taking to get labors approved in heavy immigrant states (california, texas, georiga, new jersey, new york, virigina) many people from ROW in these states weren't able to get labors approved. However, many enterprising companies decided they were going to open branch offices in fast processing states (maine, new hampshire, south dakota, wisconsin) and get the labors approved very fast. This is why there is people with 2004 priority dates in eb3 with 485's pending but people in the slow states couldn't file. Now; there is a big convergence of all of this together. We all just happen to have gotten caught in a unique period of time in immigration (245i's; labor backlogs; concurrent filing; expansion of h-1b's, etc.).
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Ramba
06-28 06:05 PM
All you guys forgetting main thing. Visa bulliton is not a law. It advises consular posts and USCIS to accept and approve 485s and schulde interviews in consular posts to issue IV. It is just a advisary notice to other federal agency by DOS. It is not a binding document.
The law is "an immigrant visa should immediatly available at the time of filing AOS application" . If visas number is not available on 3rd july, DOS has a right, under the federal law, to advise USCIS and consular posts to stop accepting and approving any applications and stop issuing IV at consular posts on any date.
If you need more evidence, browse the adjudicator field manual for 485. It says "unless any interm notice issued by DOS, visa number is available to all in entire month". Therefore the key is "unless any interm notice issued by DOS". If DOS issues notice to USCIS on June 3rd, USCIS has to stop accepting any 485.
The law is "an immigrant visa should immediatly available at the time of filing AOS application" . If visas number is not available on 3rd july, DOS has a right, under the federal law, to advise USCIS and consular posts to stop accepting and approving any applications and stop issuing IV at consular posts on any date.
If you need more evidence, browse the adjudicator field manual for 485. It says "unless any interm notice issued by DOS, visa number is available to all in entire month". Therefore the key is "unless any interm notice issued by DOS". If DOS issues notice to USCIS on June 3rd, USCIS has to stop accepting any 485.
more...
sai
02-06 12:46 PM
I dont think there will be a change to already in pipeline cases. Lets wait and see .:)
vdlrao
09-24 12:05 AM
By Septemebre 2010, EB3-india wll be in the mid of 2002.
more...
binadh
07-11 12:45 PM
BharatPremi,
Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D
Chanduv23,
Even that Angelina seemed to be crazy about USA. If S/he would be happy about everything in Canada why the hell s/he even visit immigration related boards meant for USA?
Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D
Chanduv23,
Even that Angelina seemed to be crazy about USA. If S/he would be happy about everything in Canada why the hell s/he even visit immigration related boards meant for USA?
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hiralal
06-01 07:28 PM
ss benefits when we retire is such a long way away ..who knows what the situation will be that time ..US just needs a law change and ss benefits can be denied at that time ,,,so it makes more sense to discuss and act on recapture rather than waste time on something that will occur is 2025 or later ..just a thought
more...
i-luv-tofu
07-21 12:16 PM
Hi,
I made a ton money. Just give me your information - name, email, phone# & I will refer you. You will be very happy & make others as well!
My desi neighbor told me about it recently. What are your experience with Amway Quickstar. Have you guys made money from it?
I made a ton money. Just give me your information - name, email, phone# & I will refer you. You will be very happy & make others as well!
My desi neighbor told me about it recently. What are your experience with Amway Quickstar. Have you guys made money from it?
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Saburi
07-23 10:35 AM
Go ahead.
Hello this question is for Lawyer, i will like to find out how can somebody find out if the I 140 is been revoked by the old employer.
Please help me out i will like to find out the way to find out as my employer told me he will revoke my I 140 but have not got any information from USCIS aslo the the online status shows case approved in sep 2006.
Please let me know if it is revoke would Uscis send a letter or the online system would say any changes online.
Thanks Saburi
Hello this question is for Lawyer, i will like to find out how can somebody find out if the I 140 is been revoked by the old employer.
Please help me out i will like to find out the way to find out as my employer told me he will revoke my I 140 but have not got any information from USCIS aslo the the online status shows case approved in sep 2006.
Please let me know if it is revoke would Uscis send a letter or the online system would say any changes online.
Thanks Saburi
more...
immiMar2005
07-29 11:54 AM
Dear Attorney,
I was sponsored for a GC by my current employed through EB3-India category with a PD of Mar 2005. I currently have a three year H1B visa valid until end of 2010 based on the approved I-140. I was unable to file for 485 during last year's July fiasco.
Do you see any issues with my taking up a job with a new employer and maintaining my current GC process? Filing a new I-140 under EB2 is a possibility as well.
Thank you in advance!
I was sponsored for a GC by my current employed through EB3-India category with a PD of Mar 2005. I currently have a three year H1B visa valid until end of 2010 based on the approved I-140. I was unable to file for 485 during last year's July fiasco.
Do you see any issues with my taking up a job with a new employer and maintaining my current GC process? Filing a new I-140 under EB2 is a possibility as well.
Thank you in advance!
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Macaca
02-18 11:49 AM
http://www.businessweek.com/smallbiz/content/sep2006/sb20060913_157784.htm?chan=search[/url]
An Indian has glorified Indians. How do you use this glorification to explain the behavior of 80+% IV Indian members and 60+% Indians in EB retrogression who have no interest in joining IV?
The best looking answer looks like there is no correlation between the two. Indians remain glorified.
An Indian has glorified Indians. How do you use this glorification to explain the behavior of 80+% IV Indian members and 60+% Indians in EB retrogression who have no interest in joining IV?
The best looking answer looks like there is no correlation between the two. Indians remain glorified.
more...
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poorslumdog
05-02 05:11 PM
You are talking about Sinhala... LOL... Have you ever been to chennai? Look at the Black paint on Hindi letters on Government boards!:D
Why do they need Hindi in Tamil Nadu...Do you talk Tamil. Then why do you ask them to talk in Hindi.
Why do they need Hindi in Tamil Nadu...Do you talk Tamil. Then why do you ask them to talk in Hindi.
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vjkypally
09-15 08:39 AM
We need to fight against this fraud by outsourcing companies who file for EB1 for their so called managers. IV needs to take this up with USCIS.Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
more...
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n2b
09-23 06:15 PM
i cant believe ppl think this is a brilliant idea..
economy is screwed for a while..citizens are on life support..and you want immigrants to be welcomed with open arms..
did i wake up in a fools paradise...:eek:
Yes, you did wake up in fools paradise!!! And the first thing you did was saw yourself in the mirror!!! :p
economy is screwed for a while..citizens are on life support..and you want immigrants to be welcomed with open arms..
did i wake up in a fools paradise...:eek:
Yes, you did wake up in fools paradise!!! And the first thing you did was saw yourself in the mirror!!! :p
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unitednations
02-13 01:17 PM
Any of you want to join with me with this drive? Let's form a group and sue the USCIS for misallocation of visa. If any one is interested, please PM me.
Further division is not good.
I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.
I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.
Further division is not good.
I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.
I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.
more...
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MYGC2008
09-23 05:50 PM
By Looking into Data provided, INDIA EB2 should get more Visa this year.
Look at the Data for EB2 CHINA
for 2004 it is 123 and for 2005 it is 4100.
If the Cutoff Dates does not move for China/India ,How they going to use spillover visas?
This is really interesting
Since EB1 is Current and Rest all Eb2(except CHINA/INDIA) are current. This time there will be huge spillover.
Look at the Data for EB2 CHINA
for 2004 it is 123 and for 2005 it is 4100.
If the Cutoff Dates does not move for China/India ,How they going to use spillover visas?
This is really interesting
Since EB1 is Current and Rest all Eb2(except CHINA/INDIA) are current. This time there will be huge spillover.
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pointlesswait
09-15 03:57 PM
with everyone worried abt the economy and health reforms.. Immigration reforms are toast this year.
While we must pursue the overall reforms,
i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.
What are the chances of such a relief being provided?
Will a mail campaign work?..plz raise your hand if you are interested..;)
While we must pursue the overall reforms,
i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.
What are the chances of such a relief being provided?
Will a mail campaign work?..plz raise your hand if you are interested..;)
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lazycis
02-15 11:52 AM
Thanks for an excellent research and arguments. Some of the arguments are well presented.
Well, if you are not ready to lead and we do not have anyone else to lead then whats the point of forming the yahoo group? Please don't get me wrong, I am just trying to find out the objective of this yahoo group.
The purpose was to jump start and find somebody who is willing to help himself/herself. If there is no such person out of 100+ who voted "yes", there is no point in further discussion. I have enough on my plate (I am still helping a number of people fighting in district an appellate courts). Also I think it's easier to discuss it via yahoo group.
Well, if you are not ready to lead and we do not have anyone else to lead then whats the point of forming the yahoo group? Please don't get me wrong, I am just trying to find out the objective of this yahoo group.
The purpose was to jump start and find somebody who is willing to help himself/herself. If there is no such person out of 100+ who voted "yes", there is no point in further discussion. I have enough on my plate (I am still helping a number of people fighting in district an appellate courts). Also I think it's easier to discuss it via yahoo group.
poorslumdog
09-04 12:12 PM
Guys,
Here is the list of people who recently died in my village. Let us all pray for their soul to rest in peace. Please understand that when we can pray for YSR..we can do for these people also. Every life has the same value...dont you agree..
1. Rasu Devan
2. Kenkai ammal
3. Gandhi mathi (lady only).
Please all do pray for the poor souls. From today onwords I will post all the dead people list in IV and let us all pray for them. Thanks for your support and prayer. Please let your freinds and family know about this and ask them to join in our prayer. Once again thanks guys.
You are more than welcome to give red dots.
Here is the list of people who recently died in my village. Let us all pray for their soul to rest in peace. Please understand that when we can pray for YSR..we can do for these people also. Every life has the same value...dont you agree..
1. Rasu Devan
2. Kenkai ammal
3. Gandhi mathi (lady only).
Please all do pray for the poor souls. From today onwords I will post all the dead people list in IV and let us all pray for them. Thanks for your support and prayer. Please let your freinds and family know about this and ask them to join in our prayer. Once again thanks guys.
You are more than welcome to give red dots.
hiralal
07-27 06:31 AM
I personally think it is the worst thing that a person can do - I have done some research on the money that you can make on such pyramid businesses and it is pitiful ..maybe a beggar makes more. it comes to around 2 -3 percent cash and when you add the time you lose standing in walmarts, temples etc, the loss of your time, loss of friends, loss of time towards your kids and you can make out that it is a BIG WASTE. in the end it is a pyramid and ponzi scheme ...those who join late will always be the LOSER's. you can make more money by working part-time even in some super mart's.
