Thursday, June 30, 2011

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  • qualified_trash
    06-21 03:11 PM
    Friends,

    Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.

    I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.

    fighting retrogression and 485 filing during retrogression are important than this.

    Its my opinion only, pls take it on a lighter note...

    - Rishi
    very true ..................... but it is legal so ......... maybe we should all use it.

    I know for a fact that this happens in companies (IT - product development and professional services) and I know this because a friend of mine (our kids play together these days so VERY close) was a beneficiary of such an LC and today has a GC and perm job to die for.......... I ofcourse will NOT disclose the name of the company or person for obvious reasons..........

    He worked hard during his MS days to make it here and is just reaping the benefits of his hard work and ingenuity in identifying the opportunity in a legal system gone kaput.......... so no fault of his.





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  • vivid_bharti
    05-01 05:27 PM
    Sri Lankan Tamils may not be Indian citizens but are etinic Indians and that is what their problem is and it is the problem in several other places like Malasiya, Fiji, Trinidad etc. these people are still called Indians in these countries and being discriminated. India being a powerful nation should protect the rights of ethnic Indians, but it doesn't....most or all of us know the reasons, it is being ruled by a lame duck govt. who cannot protect citizens living within the Indian boundries, so even if they try to interfere in other countries affairs, I'm sure even a smal coutry like Sri Lanka has guts to say Shoooo!!!! to our foreign Minister. India does not have any respect whatsoever in the world politics now, whatever was earned during the NDA govt. is all lost, nobody sees India with any respect any more, so atleast in my mind I know the answer why India is turning a blind eye towards the killing of Tamils in Sri Lanka & blatant Human Rights murder by a tiniest neighbor





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  • ramus
    06-28 04:59 PM
    They couldn't do earlier because dates weren't current.. Now dates are current and they can approve all those pending application who were just waiting for visa number to assign..


    I don't think that they will APPROVE 40,000 appplications in a week. Well they were unable to do so in an year, how come in a week or two.





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  • mallu
    02-19 01:12 AM
    .....
    c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
    Atleast, not if you are America.

    .......

    Actually, EB1 is current for India,China etc. Aren't they the brightest ?



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  • Subst_labor
    03-16 12:45 PM
    hi All,

    Can someone give me advice on this:

    I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
    i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
    i am concerned if that India exp. during graduation will work or not.
    Has anyone faced a situation like this?
    the (part time exp)company was very small, can this be risky? what do you guys think?

    Thanks.





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  • hopefulgc
    02-13 02:46 PM
    Agreed ... lawsuits work. The links are very encouraging.
    At the very least, we force them to respond & address the problem right away rather than just ignoring us like they have been doing all the time we have been lobbying.

    In our case, the "outs" they have to make us go away are very convenient...
    they would very likely agree to recapture.





    Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:



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  • longq
    02-14 10:13 PM
    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.

    It is very sad to hear this story. Very sorry for him and his family. May god bless his family. When we here this kind of story, in a foreign land where no relatives are there, the life is so pathatic here. The reality is differnt. There is something big and important for us other than green card. The life, health and family is very important than GC. May god bless all of us.

    Once again, very sorry for your nice friend.





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  • irock
    07-29 01:45 PM
    Chennai consulate Aug interview appointments URL: http://chennai.usconsulate.gov/uploads/images/yWMjU032EdCBcZW2qhz3yw/ivapp0808.pdf

    There are 14 E2 appointments in Aug.



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  • Munna Bhai
    01-26 08:34 AM
    Hello,

    My I-140 is approved and I have a PD of Feb 2006.

    One of my colleague whose job description is little different then mine has a PD of Sep 2003 and his Labour got approved but he left the company.

    So is there anyway his approved labor is useful to me. What are the ifs,buts etc.
    ----------------
    I changed your thread title. when you start a new thread make your thread title descriptive for all members to easily sift through threads, else your thread will be closed or deleted. Thanks for understanding- Admin

    Thanks Pappu. Is this called Labour substitution? I don't know that term.Any input regarding this is greatly appreciated.





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  • unitednations
    02-19 11:38 PM
    Why is it surprsing that Skill Bill is not passing when restaurant manager is getting GC before US CS Ph D?

    Now; everyone might see the extent of gaming in the system and why it is not so clear cut of the "benefits".

    L-1a is an abused category. One can have a business back home; get an L-1a for one year to open an office in USA. Once they are here; after one year they can extend the L-1a for three more years if they can prove that they have opened the office and office back home is still running. In this scenario person can self petition after being on L-1a for one year. This is why L-1a has a limitation of seven years. First time you get one year to open the office then two three year extensions.

    If a person comes through a companies L-1a but not to open an office but to join an existing office then they can apply at any time. Enough people try to come here on business visa and then change status to L-1a to get around the scrutiny of the consulates and then go for greencard through this route.



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  • thomachan72
    09-04 03:08 PM
    If this thread (forum) was a court room. It would have been declared by Judge that YSR is indeed the most corrupt politician AP had and pending further investigation all the occupied & grabbed lands, wealth be ordered to pay to the victims. In addition, the Judge would put a life time ban his Son from active politics.

    I hope all posters, readers will condemn corruption and blood politics and see US system (for we being in US) as an example for India. No one can better understand American system than us and how it can be modulated to fit into India.

    Nice point truefacts. If indeed we were able to somehow communicate this system to folks in India it would be great. Let us keep the hopes that this will happen some day. Might be due to desperation or some major calamity but somehow people will realize that this corrupt system is unustainable and needs dramatic repair.
    By the way there is another thread with lists of people who died with a request for prayer!! This is another example of how manipulative personalities not only create a chaotic unsustainable regime while they live but also leave a chaotic system once they die.





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  • BharatPremi
    12-13 04:27 PM
    we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).

    However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
    if it is indeed found that the rule can be challenged.

    Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?



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  • jasmin45
    08-18 09:49 PM
    Wow!!! Nice post. I like the last line you mentioned. :)

    Really? sounds weird.
    Guy's unearthly attitude explicit in the post is truely laughable.





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  • Saralayar
    10-02 07:13 PM
    My parents are visiting me with visitors visa. They got the I-94 for 6 months. Can I extend their stay for another 6 months?. Will this affect their future entry in to USA?. Kindly advice what I need to do. Thanks in advance. What are the formalities I need to do to extend their stay?



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  • gc_lover
    06-27 07:55 AM
    Visa bulletin is based on the demand for visas. An immigrant vise is ISSUED when a GC is approved, and not filed. When a person receives an I485 approval letter that means his immigrant visa was assigned to him and that an immigrant visa number was used. Same applies to consular processing. The bottom line is that unless USCIS approves a huge amount of GCs in the coming months, the DOS can't and won't make adjustments in the middle of the month. STOP THIS RUMOR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    There is no point in explaining the same point over and over again. People are just creating new rumors in new threads without trying to read old threads.
    There was a thread by logiclife about this rumor and his discussion with his lawyer.





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  • desi3933
    06-15 12:40 PM
    I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)

    Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.

    So definitely luck pays its role.

    I agree that luck plays a major role.

    Just last year, there were many GC approvals for PD of 2006. For them, start-to-end GC process was just 2 years. Now someone with EB2 2006, the scenario does not look that promising.


    ______________________
    US citizen of Indian origin



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  • mihird
    10-09 03:56 PM
    There is the freedom to change jobs and apply for a new TN each time. There is no 6 year or any sort of time cap - TN can be renewed indefinitely..a TN only costs $50 to renew for each year and can be filed without an attorney by mail. No need to physcially go anywhere.

    Drawbacks.
    1. Spouses/Dependents get TD which is as restrictive as H4
    2. There is a fixed list of professions and minimum education qualifications that you/your intended employment HAVE to satisfy to qualify for a TN. Experience cannot be used to substitute lack of education..

    Hope that was informative...





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  • akred
    02-18 07:35 PM
    At high levels; I think there should be no quota on employment base.


    Glad to see you agree, however I was refuting your justification of a country quota. The point being that the country quota owes its origin to racial considerations and a fixation on protecting levels of European immigration.


    I don't know how one would talk to a politician and tell them to increase the quota and then come up with a number and then explain why it should be that number.


    In the short term the EB quota should be set to accomodate or exempt anyone who has held a work visa for a period of time (3 years?). This can be pitched as a retention issue as US employers should not lose employees in whom they have made a significant investment. There can be variations on this theme such as requiring that such employees make at least 120% of the prevailing wage for the occupation.





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  • tempgc
    09-15 03:39 PM
    EB2 approval of LCA or 140 is almost next to impossible now. I can dare to say this.
    So consider new EB2ROW is almost negligible unless the one in the 140 stage get approved from EB2ROW (here also tough for approval but I can give chance to approval) come into the queue of EB2ROW.

    This is a very big assumption which impact the EB2I progress a lot.
    Also EB1 movement -- new EB1 filings should come down due to economy, so I see some EB1 numbers definitely more than previous year i.e 2009 coming to EB2.





    Subst_labor
    03-17 10:32 PM
    Subst_labor, you became an annonymous member today only to post this question. I am sure you must be a regular member of IV but created a new profile just for this question.

    Why don't you tell us how much you bought your labor for? Show us a proof that you have not bought it.

    I think I made a mistake of answering your post and apologize for that to all members. I also urge people not to answer anyone with substitute labor on this forum.

    such people cut in line in front of us and don't even bother paying money to IV. Why should we give them free advice. If they can spend money buying labor for 20K they can spend hundred dollars and consult a lawyer and ask their question. It is with such mentaility they are brought up with in their country- Currption and getting things done with money. But never paying anyone for a just cause. In my country people contribute only when they fear god in temples, for medical treatment or to astrologers!!


    I also urge moderators to close such threads on this forum whenever someone is diagnosed with a substitute labor cancer. Yes it is a cancer that is worsening retrogression further.

    At least on this forum we can have the resolve to fight such people who are hurting most of us.

    Now if someone argues with me on this post, then it will mean that either that person has himself bought a substitute labor or is looking for one. So don't even bother because a lot of members after reading this post will come hard on people who are ok with substitute labor on this forum.

    Mr. Janak,
    Do you understand English? First of all, i had mentioned, i am BEING offered, meaning i havent gone for the labor yet and even if i do there will be no buying or selling involved.
    Second of all, i am sick and tired of stereotype Indians like you, who ASSUME everything without knowing anything and come out with your own theories from the bizzarro world [i know, pathetic loosers like to vent at any and every opportunities they get. Spare me your crap, if u dont know anything and cant help, then just stay quiet.]





    Jerrome
    05-12 04:29 PM
    Read my previous posts where I said tamils that doesn't live in the war areas lead life just as other nationalities. Its my fault that I didn't mention it again.

    Ofcourse people in yalpanam and triconmole are leading a hard life due to the war. Yes, I was in trincomalee just 3 years ago when they re-opened A9. I'm not talking about tamils in the areas where the war is going on. Who chased the sinhala and muslims from those areas? Its was the LTTE that pretty much ruled those areas till now.

    Are you saying tamils are discriminated in Colombo?

    What I'm saying is if tamils are discriminated then they would be all over the country.

    Read this
    http://www.fidh.org/Expulsions-of-Tamils-from-Colombo

    http://www.paperarticles.com/2008/09/tamils-resent-surveillance-in-colombo.html

    My point is the same as following

    "FIDH recalls that LTTE has been involved in various attacks on civilians, including recent bomb attacks. FIDH condemns such attacks; however, an indiscriminate and arbitrary reply targeting the whole Tamil community can only further fuel violence and polarization between the different ethnic communities in Sri Lanka."