voldemar
04-28 12:38 PM
Hello all,
Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
Substitution ban rule got clearance from OMB
AGENCY: DOL-ETA RIN: 1205-AB42
TITLE: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
RECEIVED DATE: 01/26/2007 LEGAL DEADLINE: None
** COMPLETED: 04/27/2007 COMPLETED ACTION: Consistent with Change
Check http://www.reginfo.gov/public/do/eoPackageMain
Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
Substitution ban rule got clearance from OMB
AGENCY: DOL-ETA RIN: 1205-AB42
TITLE: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
RECEIVED DATE: 01/26/2007 LEGAL DEADLINE: None
** COMPLETED: 04/27/2007 COMPLETED ACTION: Consistent with Change
Check http://www.reginfo.gov/public/do/eoPackageMain
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Jerrome
05-12 12:18 PM
No, they know what's going on, everybody know it's not a picnic there in the North, I didn't say that they were un aware what was going on in the North, all i said they are fine where they are, please read what i said. It seems you are only looking at it from 1 angle.
I'm not disputing what channel 4 reported, it's overwhelming for the govt to handle millions of IDP's and terrorists mixed up in 1 big bowl of soup. In any war situation there will always be cases of misconduct as it has happened in Iraq, Kashmir, Afghanistan etc.
Oh and thanks for being sarcastic, it proves a lot.
http://www.guardian.co.uk/worldlatest/story/0,,-8349680,00.html?gusrc=gpd
I don't want to bring the Name LTTE in any context in this thread.
Do i support removing LTTE, Yes with full heart.
Do i support the way SL is conducting this war, NO.
Does my opinion matter, NO.
Can i express my opinion, Hell YES.
It is also not good for SL's Democracy because a dictator is in making for SL. Let me tell you this,after this war on terror is over, SL is going to be ruled by a dictator for a long time. wait and see. Again this is my humble opinion. If it is not going to happen i will be the happiest person.
I'm not disputing what channel 4 reported, it's overwhelming for the govt to handle millions of IDP's and terrorists mixed up in 1 big bowl of soup. In any war situation there will always be cases of misconduct as it has happened in Iraq, Kashmir, Afghanistan etc.
Oh and thanks for being sarcastic, it proves a lot.
http://www.guardian.co.uk/worldlatest/story/0,,-8349680,00.html?gusrc=gpd
I don't want to bring the Name LTTE in any context in this thread.
Do i support removing LTTE, Yes with full heart.
Do i support the way SL is conducting this war, NO.
Does my opinion matter, NO.
Can i express my opinion, Hell YES.
It is also not good for SL's Democracy because a dictator is in making for SL. Let me tell you this,after this war on terror is over, SL is going to be ruled by a dictator for a long time. wait and see. Again this is my humble opinion. If it is not going to happen i will be the happiest person.
Vishal2007
05-02 01:12 AM
I think judging Gandhiji in the context of Indian History is beyond my pay grade. I am sure about the fact that his ideology would remain relevant for much more time in human history.
I like this (read as a good humor), his ideology would remain relevant for much more time in human history. you go by , Gandhi is father of our nation, I am thinking beyond that, he had power to influence British gov. to avoid death penalty for Bhagat Singh, he never used his power, because he was jealous of Bhagat
I like this (read as a good humor), his ideology would remain relevant for much more time in human history. you go by , Gandhi is father of our nation, I am thinking beyond that, he had power to influence British gov. to avoid death penalty for Bhagat Singh, he never used his power, because he was jealous of Bhagat
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breddy2000
09-04 12:29 PM
You and me are just another free loaders. What IV is going to lose if move out. add some value before you start threatening.:D
I'm not a free loader like you....Have contributed and still want to contribute...Its just that I cancelled my CC(the source of funds) that I need to reactivate.
I'm not a free loader like you....Have contributed and still want to contribute...Its just that I cancelled my CC(the source of funds) that I need to reactivate.
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Rohan99
07-27 12:40 PM
Devil's advocate - Immi_enthu
Yes, you are right you will have good life but not in Florida may be in Guantanamo Bay detention camp becasue you are on H1 and doing Amway which is illegal. USCIS is going to check your name in Amway database before giving you Green Card and then detain you. It will be good life for you becasue you will get free food (you do not have to earn) and view of Guantanmo Bay with cuban cigar..wht else can you expect ...I envy your life
We guys (non-amway) will be slogging for bread and butter but we like our freedom and travel to Hawaii in economy class and stay at Motel 6.
your response?
we dont need to work after 40 we will move to Florida with all the money we make , stop stalking people , stop working just enjoy everyday on the beach and big mansion bought from the savings from the regular job and live off of free $xxxx/month earnings we make out of Amway/Quixtar . Where as you guys will be slogging in 40's and 50's
Yes, you are right you will have good life but not in Florida may be in Guantanamo Bay detention camp becasue you are on H1 and doing Amway which is illegal. USCIS is going to check your name in Amway database before giving you Green Card and then detain you. It will be good life for you becasue you will get free food (you do not have to earn) and view of Guantanmo Bay with cuban cigar..wht else can you expect ...I envy your life
We guys (non-amway) will be slogging for bread and butter but we like our freedom and travel to Hawaii in economy class and stay at Motel 6.
your response?
we dont need to work after 40 we will move to Florida with all the money we make , stop stalking people , stop working just enjoy everyday on the beach and big mansion bought from the savings from the regular job and live off of free $xxxx/month earnings we make out of Amway/Quixtar . Where as you guys will be slogging in 40's and 50's
garybanz
12-14 02:35 PM
I still dont see any discrimination on the existing laws. The number of visas divided equally to all countries.
Why not divide equally across all races? or all kind of jobs? or different ages? or color of eyes? ...left hand right hand? Yankee fans and red sox fans?
Why not divide all the jobs in USA equally among some of the above categories?
EEO does not say take the total pool of jobs and divide it exactly equally among all the race, color, religion, sex, and national origin or for that matter any of the categories I mentioned. EEO says every one gets an equal shot at the job.
Do you understand the discrimination now?
Why not divide equally across all races? or all kind of jobs? or different ages? or color of eyes? ...left hand right hand? Yankee fans and red sox fans?
Why not divide all the jobs in USA equally among some of the above categories?
EEO does not say take the total pool of jobs and divide it exactly equally among all the race, color, religion, sex, and national origin or for that matter any of the categories I mentioned. EEO says every one gets an equal shot at the job.
Do you understand the discrimination now?
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PavanV
09-23 03:03 PM
I believe the proposal has to be amended, it says "20%" of the loan amount , here in CA, the houses are around 500k, 20% of which turns out to be 100k, i dont have that kind of money, looks like everybody out there seems to have ton loads of money !! (damn desis !)
How about saying " buying a house" with good credit.
How about saying " buying a house" with good credit.
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voldemar
04-28 12:38 PM
Hello all,
Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
Substitution ban rule got clearance from OMB
AGENCY: DOL-ETA RIN: 1205-AB42
TITLE: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
RECEIVED DATE: 01/26/2007 LEGAL DEADLINE: None
** COMPLETED: 04/27/2007 COMPLETED ACTION: Consistent with Change
Check http://www.reginfo.gov/public/do/eoPackageMain
Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
Substitution ban rule got clearance from OMB
AGENCY: DOL-ETA RIN: 1205-AB42
TITLE: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
RECEIVED DATE: 01/26/2007 LEGAL DEADLINE: None
** COMPLETED: 04/27/2007 COMPLETED ACTION: Consistent with Change
Check http://www.reginfo.gov/public/do/eoPackageMain
more...
alex99
09-04 11:02 AM
YSR is far better than Chandrababu Naidu(Iron Leg) and Balakrishna
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ramus
06-28 08:37 PM
If USCIS do reject application without notice then we should file a big law suite...AILA will be with us..
Folks.
It might be a cruel joke that USCIS plays on us.
They can do whatever they want.
For heaven's sake, lets just accept it, and hope for the best.
Folks.
It might be a cruel joke that USCIS plays on us.
They can do whatever they want.
For heaven's sake, lets just accept it, and hope for the best.
more...
fairman
08-15 04:08 PM
The question doesn't arise because he is SRK or APJ or in future Manmohan singh. The point is does it take TWO HOURS to find the identity of the person. How did you feel when you were questioned for an hour at the POE even after staying here for 9 years and stay in US legally and paying taxes etc.. can't they have better immigration procedures in place to identify legal from illegal (LIKE biometric finger printing, etc). They have this sophisticated computer information network.. if you give your SSN they can find any data they want.. about your employer, about your pay roll, your taxes etc.. then why this delay at POE to idenfity geniune people from entering US. These actions look totally racist to me. Don't you think these (US) people know how to improve this system.. they can but there is no will to do so.. Just look at priority dates how they swing +5 years to -5 years every year (2000 to 2005). It looks like someone just picks any year between 2000 to 2005 based on his mood. Can't this developed country have a software system to predict visa number availability or to predict how the dates should advance and by how much... this is want really sucks.. this so called developed country doesn't have a system in place for immigration issues.. Just look at the people who got their green cards who's priority dates were 2006 and people from 2002 or 2003 are still waiting.. how can their system (software) allow people with older dates to wait while someone with PD 2006 get their GC.. Things can be better managed and controlled with total transperancy but there is no WILL to do so.. i am not sure if IV can play any role in pushing some reforms to have a better system in place. There was another thread discussing about IO officers visting to employee office to find geniune applications and for more details.. this is simple waste of money and resources with SSN can give you almost 90% of the details.... overall the frustration is about the System and not about SRK or APJ.
USCIS software system is quite old !
USCIS software system is quite old !
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bfadlia
02-19 02:20 PM
You are a racist b* who just thinks about yourself and you have been planted here by other camp. U must have come out of some gutter country where democracy has no meaning and you don't know meaning of majority. You are favoring an agenda because it is good for you today. get the hell of this website. You don't belong here you racist bigot. May be we will need to track your ip address and throw you from here at some point of time.You hate Indians and Chinese and come back to IV where we have majority. This is not going to happen.
x: you are making idiotic arguments
y: if you think indians and chinese are idiots then you need to leave IV
please don't stop. your posts speak volumes on ur amazing mentality. i'm still amused.
i have no problem listening to all that a* b* f* vocabulary, it only reflects on ur maturity, but there is a serious problem when someone continuously tries to drag race into a discussion that does not relate to it.. then in his childish tantrums decides to speak on IV's behalf.. people should be advised to stop doing that.
x: you are making idiotic arguments
y: if you think indians and chinese are idiots then you need to leave IV
please don't stop. your posts speak volumes on ur amazing mentality. i'm still amused.
i have no problem listening to all that a* b* f* vocabulary, it only reflects on ur maturity, but there is a serious problem when someone continuously tries to drag race into a discussion that does not relate to it.. then in his childish tantrums decides to speak on IV's behalf.. people should be advised to stop doing that.
more...
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ufo2002
05-11 02:04 PM
I agree with jnayar here... but everyone keep in mind that no system is perfect. But the US employment-based system has serious flaws... especially in today's more globalised-based economy. The requirement that someone stays in the "same job role / same employer" throughout the green card process probably made sense back in the old days when people usually tend to work their entire lives for one company. Today, that no longer makes sense. Employers everywhere almost have worker turnarounds of 2 years on average. That means given the average GC process is about 6 years, you could be looking at someone potentially changing employers 3 times!
Would anyone like to continue working on the same role/salary for 6 years, given that costs of living increase annually? Of course not.
I know that Australia has a "job-based" PR process, but it doesn't bind you to one specific employer... so at least you do have the freedom to decide what job you would like to take on.
The question of immigration to which country is better would probably yield one and the same answer based on the parameters that appear relevant to most people. However, the comparison of immigration processes and systems is an entirely different question - in theory, an employment based immigration system would be a lot better if it is based on correct assumptions. However, an employmet based system that ties an employee to the same job for the duration of the application process, and which requires that the same application processing be redone every time an employee changes jobs, while curtailing the maximum period of time the employee can work in the country is flawed. If the reasoning behind this is that the employee has to show that he/she is indespensible to that one job (with all the highly specific skills that come attached to the job description) which no US citizen/resident is qualified to do, should statistics not show that the majority of positions for which green cards were applied for and obtained have the same employee continuing in that role long after the said employee gets a green card? I would be very surprised if the numbers show that a significant number of employees stick around for any period longer than a year or so in their current, gc-approved roles (and by that, I mean the exact same role for which the GC was applied for - be it with the same company or elsewhere.). In a dynamic market for labor where "skillability" and "learnability" are much more important than current skills and learning, how important is the applicability of a person's current skills to a job that would anyway keep evolving or even changing altogether, during the 6 years of so that a person is employed in that capacity while waiting for the green card?
Just my $0.02.
Would anyone like to continue working on the same role/salary for 6 years, given that costs of living increase annually? Of course not.
I know that Australia has a "job-based" PR process, but it doesn't bind you to one specific employer... so at least you do have the freedom to decide what job you would like to take on.
The question of immigration to which country is better would probably yield one and the same answer based on the parameters that appear relevant to most people. However, the comparison of immigration processes and systems is an entirely different question - in theory, an employment based immigration system would be a lot better if it is based on correct assumptions. However, an employmet based system that ties an employee to the same job for the duration of the application process, and which requires that the same application processing be redone every time an employee changes jobs, while curtailing the maximum period of time the employee can work in the country is flawed. If the reasoning behind this is that the employee has to show that he/she is indespensible to that one job (with all the highly specific skills that come attached to the job description) which no US citizen/resident is qualified to do, should statistics not show that the majority of positions for which green cards were applied for and obtained have the same employee continuing in that role long after the said employee gets a green card? I would be very surprised if the numbers show that a significant number of employees stick around for any period longer than a year or so in their current, gc-approved roles (and by that, I mean the exact same role for which the GC was applied for - be it with the same company or elsewhere.). In a dynamic market for labor where "skillability" and "learnability" are much more important than current skills and learning, how important is the applicability of a person's current skills to a job that would anyway keep evolving or even changing altogether, during the 6 years of so that a person is employed in that capacity while waiting for the green card?
Just my $0.02.
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unseenguy
05-29 02:54 PM
No one is arguing that lot of EB1Cs do not deserve the classification, however; that is not the root cause why we are backlogged. You might get 1000more visas , you would think but at the end of the day , you will close that gateway as well. 1000 EB1 visas are not a major relief for us. And if you think that will resolve the issue, you are mistaken.
There is a political decision to backdate the country dates and hence even if you take up Eb1 issue, they will close that line as well, but those visas will not translate into more visas for us. Bureaucrats can come up with gazillion excuses as to why spillover did not happen such as "there is now demand for religious workers".
So do not deviate the focus of the community. Our purpose is to get our GC, not stop someone else from getting a GC. Thinking otherwise mean , divisive and selfish mentality! or plain jealousy. Has anyone stopped you from working for Cognizant?
We need transparency and better predictability in the whole process. Someone said Oppenheim knows more than many of us. My question is why should we trust him? Shouldent there be a system that gives clear picture to everyone?
Bottomline is we need to choose our battles! EB1 is not the battle we need to fight right now.
There is a political decision to backdate the country dates and hence even if you take up Eb1 issue, they will close that line as well, but those visas will not translate into more visas for us. Bureaucrats can come up with gazillion excuses as to why spillover did not happen such as "there is now demand for religious workers".
So do not deviate the focus of the community. Our purpose is to get our GC, not stop someone else from getting a GC. Thinking otherwise mean , divisive and selfish mentality! or plain jealousy. Has anyone stopped you from working for Cognizant?
We need transparency and better predictability in the whole process. Someone said Oppenheim knows more than many of us. My question is why should we trust him? Shouldent there be a system that gives clear picture to everyone?
Bottomline is we need to choose our battles! EB1 is not the battle we need to fight right now.
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tjayant
10-04 07:25 PM
Hi Guys,
I got my PR, is there any way i can keep it current, looks like it will expire in 5years if you are not staying in Canada for more than 2 years, but some said there is a workarround.
-Jay
I got my PR, is there any way i can keep it current, looks like it will expire in 5years if you are not staying in Canada for more than 2 years, but some said there is a workarround.
-Jay
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krish2005
01-14 03:03 PM
I was tweeting with an attorney from boston. She says that the memo does not do any good for a H1B resource working at a third party site though employed under a desi consulting company. :(
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life99f
06-28 12:20 PM
For July 485 filing, can I send papers in Saturday June 30th ?
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subba
08-03 05:33 PM
I think another positive aspect of banning labor substitution would be, for people who switch jobs after I140 approval the chances of old employer revoking application is slim (because employer can't reuse labor for anyone else).
Am I right?
Am I right?
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veni001
01-13 05:24 PM
"Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?
A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis."
A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis."
sroyc
02-14 11:59 AM
I was watching an episode of the BBC series - Planet Earth where people involved in the conservation and protection of the tiger and other endangered animals were lamenting about how difficult it is for the intellectuals to convince those living close to these animal habitats to help in conservation when they are not able to feed their children and are affected by the tiger killing farm animals.
This is not exactly similar to the ROW Vs India/China debate. I'm definitely not implying that ROW applicants are not intellectuals. The gist of what I've learnt from that episode was that we cannot push for removal of per country quotas without significantly speeding the processing times for everyone. I have no doubt that the per country quota is unfair to people from countries with large populations simply because we are representing ourselves and not our countries here. (We have been bracketed according to the country of birth in order for USCIS to enforce the current immigration laws.) But at the same time, we'll lose the much required support of ROW members if our approach is to unload a few years of our misery on them.
With so many people stuck in the backlog, we definitely need a one-time fix to flush the queue before we can lobby for removal of per country quotas.
This is not exactly similar to the ROW Vs India/China debate. I'm definitely not implying that ROW applicants are not intellectuals. The gist of what I've learnt from that episode was that we cannot push for removal of per country quotas without significantly speeding the processing times for everyone. I have no doubt that the per country quota is unfair to people from countries with large populations simply because we are representing ourselves and not our countries here. (We have been bracketed according to the country of birth in order for USCIS to enforce the current immigration laws.) But at the same time, we'll lose the much required support of ROW members if our approach is to unload a few years of our misery on them.
With so many people stuck in the backlog, we definitely need a one-time fix to flush the queue before we can lobby for removal of per country quotas.
John333
07-15 06:40 AM
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
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
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