kshitijnt
07-17 12:39 PM
Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?
For short term yes. Long term No.
If there is a surge of ROW applicants. India & China applicants are at severe disadvantage.
For short term yes. Long term No.
If there is a surge of ROW applicants. India & China applicants are at severe disadvantage.
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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.
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.
rajsenthil
09-04 12:24 PM
1. Rasu Devan
2. Kenkai ammal
3. Gandhi mathi (lady only).
Please all do pray for the poor souls.
My condolence to them. But I beg to differ that people dying unnecessarily is not a good sign of development.
Let their soul rest in peace.
Edited: Ooops, I think misread your post.
2. Kenkai ammal
3. Gandhi mathi (lady only).
Please all do pray for the poor souls.
My condolence to them. But I beg to differ that people dying unnecessarily is not a good sign of development.
Let their soul rest in peace.
Edited: Ooops, I think misread your post.
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Legal
07-22 02:12 PM
Here's an Apr-2006 EB2-I approval posted today on Murthy forum:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8351049171
suspect he is spreading rumor. not clear what his country of chargeability is, since he did not respond to this question.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8351049171
suspect he is spreading rumor. not clear what his country of chargeability is, since he did not respond to this question.
more...
amsgc
07-04 11:22 AM
Need more titles!
Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!
"The US govt. does a number on High Skilled Immigrants"
http://immigrationvoice.org/forum/showthread.php?t=5994&page=9
Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!
"The US govt. does a number on High Skilled Immigrants"
http://immigrationvoice.org/forum/showthread.php?t=5994&page=9
matreen
08-17 08:55 PM
Excellent reply.
Excellent and brilliant answer and I agree to this.
Excellent and brilliant answer and I agree to this.
more...
tiger94
09-22 09:36 PM
Hi,
I am in a somewhat complicated situation.
My original H-1B status began 7/1/2008.
My original I-797A states valid date of 7/1/2008 to 6/30/2011.
This was with "Postdoctoral Research Associate" as job title.
However, my department offered me a "Visiting Assistant Professor" position,
and filed an H-1B Amendment, due to increase in salary.
Because the offer is only until May of 2009,
my new amended I-797A states valid date of 9/1/2008 to 5/31/2009.
So the amended dates are "nested" within the original dates.
They plan on doing another amendment back to my original status if the need for my lecturing is no longer needed in the department.
I am planning to go to my home country in December to get my visa stamped. Which I-797A do I submit to the U.S. Embassy?
My wife is also planning to come with me.
She will try to get her visa stamped with her I-797A which as a
valid date of 7/1/2008 to 6/30/2011.
Will the embassy look at my most latest I-797A and give me a visa
that expires on 5/31/2009? I was hoping that there was some way for them to consider the old I-797A and give me the full 3 years up to 2011.
I'd appreciate it you could give me some advice.
Thanks in advance!!!
I am in a somewhat complicated situation.
My original H-1B status began 7/1/2008.
My original I-797A states valid date of 7/1/2008 to 6/30/2011.
This was with "Postdoctoral Research Associate" as job title.
However, my department offered me a "Visiting Assistant Professor" position,
and filed an H-1B Amendment, due to increase in salary.
Because the offer is only until May of 2009,
my new amended I-797A states valid date of 9/1/2008 to 5/31/2009.
So the amended dates are "nested" within the original dates.
They plan on doing another amendment back to my original status if the need for my lecturing is no longer needed in the department.
I am planning to go to my home country in December to get my visa stamped. Which I-797A do I submit to the U.S. Embassy?
My wife is also planning to come with me.
She will try to get her visa stamped with her I-797A which as a
valid date of 7/1/2008 to 6/30/2011.
Will the embassy look at my most latest I-797A and give me a visa
that expires on 5/31/2009? I was hoping that there was some way for them to consider the old I-797A and give me the full 3 years up to 2011.
I'd appreciate it you could give me some advice.
Thanks in advance!!!
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gimmeacard
07-28 03:45 PM
I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)
Just to add another dimention to this thread I will play the devil's advocate :D
Here I go ...
You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.
What's your response ?
:D:D:D:D
this is somethign heard only from @mway subscribers, sure u r not one :-)
Just to add another dimention to this thread I will play the devil's advocate :D
Here I go ...
You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.
What's your response ?
:D:D:D:D
this is somethign heard only from @mway subscribers, sure u r not one :-)
more...
ramus
06-26 08:58 PM
Very well said... I totally agree with this. I am sure DOS know how many application they can expect by making the date current. But they don't know how many of these could be approved by end of this fiscal year and they don't want to loose visas as they have in past.
This is the reason they made all date current. Even if they receive 100K application on July 1st, I don't think they will make any changes unless they approve 40K visas. They will at least have to wait till August to push back dates.
And in worst condition even if dates going to move back on July 2nd, can you anything about it? I would say just do whatever you can by getting your application ready. I am sure somebody will come with new rumer saying thay if they receive tons of application on first day they might do lottery..
Guys spend time on action alert rather then spending time on this thred.
It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.
If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.
Otherwise this is bogus information coming out of certain law firms.
And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.
This is the reason they made all date current. Even if they receive 100K application on July 1st, I don't think they will make any changes unless they approve 40K visas. They will at least have to wait till August to push back dates.
And in worst condition even if dates going to move back on July 2nd, can you anything about it? I would say just do whatever you can by getting your application ready. I am sure somebody will come with new rumer saying thay if they receive tons of application on first day they might do lottery..
Guys spend time on action alert rather then spending time on this thred.
It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.
If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.
Otherwise this is bogus information coming out of certain law firms.
And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.
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vdlrao
07-21 07:59 PM
If I understand correctly, there is no mechanism for unused EB visas to spill over to the following year's EB, but the law allows unused FB visas to spill over to the following year's EB ?!
The unused Employment Based visas will be added to the following year's Family Based visas.
The unused Employment Based visas will be added to the following year's Family Based visas.
more...
perm2gc
10-24 11:06 AM
If you join Microsoft , you might get less salary but they pay your insurance 100%. Is microsoft selling insurance to you?? its just a benefit/perk being an employee of microsoft.
same thing here too... pre-approved labor is just a perk/benefit offered by employer to hire you with less salary. so if you think you sacrificed your salary to get to cut the line for getting GC then you are thinking right.if not please stop thinking like socialist.
It all about money and business brother.
We have so much discussion on this topic in many threads but i dont know why people want to discuss samething again and again.
We know LC substituion is good for few and worst for many...
Admins can you please close the thread...
same thing here too... pre-approved labor is just a perk/benefit offered by employer to hire you with less salary. so if you think you sacrificed your salary to get to cut the line for getting GC then you are thinking right.if not please stop thinking like socialist.
It all about money and business brother.
We have so much discussion on this topic in many threads but i dont know why people want to discuss samething again and again.
We know LC substituion is good for few and worst for many...
Admins can you please close the thread...
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Abhinaym
01-13 01:45 PM
Just more ways to perpetuate their buereaucracy and make the lives of legal immigrants (and non-immigrants) tougher.
Almost every rule these stupid agencies make is against small businesses.
Almost every rule these stupid agencies make is against small businesses.
more...
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unitednations
02-14 11:49 AM
Is there any proof that there are even are unused visas? I find this topic a rather moot point.
With India, China, The Philipinnes and Mexico all being oversubscribed, they appear to be reaching their 7% limit. With all the countries in ROW I doubt if any one country is even vaguelly reaching their 7% limit.
With the obvious retrogression across the board, it just tells me that there isn't anything spare to share around in whatever direction.
Am I just totally missing the point?!
It is an important topic.
Reason is:
2005 and prior; certain countries went over their limit. If they hadn't gone over their limit then EB3 would not have gone unavailable. If EB3 would not have gone unavailable then EB3 ROW would have much more advanced dates. Countries cannot go over their 7% limit now until ROW eb3 essentially gets current. If they had done it in the past then maybe eb3 row would be current and the other countries can go over their 7% limit and their dates would also have advanced. Due to what happened in 2005 the dates are further back for everyone then they should have been.
How it is working and how it is supposed to work is important in people making their decisions; ie., should i file in eb2 or eb3?
What is impact by eliminating the 7% limit
What would happen if there is 485 filing without priority date being current and there is a hard cap of 7%. There would never, ever be unused visas for china, india. They would have never ending retrogression.
For people who constantly watch visa bulletin; the dates won't move forward until fourth quarter when eb1 and eb2 visas get spilled over.; so no sense in waiting for it so eagerly.
With India, China, The Philipinnes and Mexico all being oversubscribed, they appear to be reaching their 7% limit. With all the countries in ROW I doubt if any one country is even vaguelly reaching their 7% limit.
With the obvious retrogression across the board, it just tells me that there isn't anything spare to share around in whatever direction.
Am I just totally missing the point?!
It is an important topic.
Reason is:
2005 and prior; certain countries went over their limit. If they hadn't gone over their limit then EB3 would not have gone unavailable. If EB3 would not have gone unavailable then EB3 ROW would have much more advanced dates. Countries cannot go over their 7% limit now until ROW eb3 essentially gets current. If they had done it in the past then maybe eb3 row would be current and the other countries can go over their 7% limit and their dates would also have advanced. Due to what happened in 2005 the dates are further back for everyone then they should have been.
How it is working and how it is supposed to work is important in people making their decisions; ie., should i file in eb2 or eb3?
What is impact by eliminating the 7% limit
What would happen if there is 485 filing without priority date being current and there is a hard cap of 7%. There would never, ever be unused visas for china, india. They would have never ending retrogression.
For people who constantly watch visa bulletin; the dates won't move forward until fourth quarter when eb1 and eb2 visas get spilled over.; so no sense in waiting for it so eagerly.
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grupak
02-13 03:05 PM
Besides that, immigration is a privilege not a right, so if the US wants diversity and limit per country immigration, it is their right to do so. Before you start being shocked by this, I am NOT saying I do not understand your frustration and the feeling you discriminated against, but rights are rights and we knew that before we started the process. If we can improve it great, if we can't we will just have to deal with it realisticly.
take care
Everybody agrees that GC is a benefit that can come from employment, it is not an entitlement. However, we do not have to except the current situation as fate. Making the process better is what IV is about. And yes, there is no guarantee that things work out exactly as IV plans.
take care
Everybody agrees that GC is a benefit that can come from employment, it is not an entitlement. However, we do not have to except the current situation as fate. Making the process better is what IV is about. And yes, there is no guarantee that things work out exactly as IV plans.
more...
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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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cinqsit
01-15 12:20 PM
It wont be an issue since you already gor your GC or I-485 filed. I failed to understand still what you are doing here.
Ok I will shut up now. Sorry didnt mean to anger anyone I would be worried too if I would have been in this position. Good luck to all and hope IV, AILA and others can
help all of us.
cinqsit
Ok I will shut up now. Sorry didnt mean to anger anyone I would be worried too if I would have been in this position. Good luck to all and hope IV, AILA and others can
help all of us.
cinqsit
more...
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grupak
12-13 11:25 AM
Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
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dvb123
02-14 07:46 PM
http://timesofindia.indiatimes.com/Why_Sania_wont_be_hounded_in_the_US_for_insulting_ flag/articleshow/2783772.cms
The Supreme court has the right to strike down laws effecting people
The Supreme court has the right to strike down laws effecting people
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reachinus
07-31 01:09 PM
Think you are too busy to answer my question. Anyway thanks for your time and reply atleat for 1 time.
Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.
Thanks for your time in advance.
Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.
Thanks for your time in advance.
sri1309
09-23 07:23 AM
I would still puruse removing quotas unconditionally. Not everyone will want to buy a house here. We can always propose buying houses will help fix housing crisis, but that shouldnt be a must.
Instead, I would suggest pay $5K or $10K to expedite it. I am sure many people want to take this. If we are talking about 500,000 people, then with a $5K premium processing, it will generate $2,500,000,000. Is that 2.5 billion.. Not bad. This step wioll not hurt many.
Sri.
Instead, I would suggest pay $5K or $10K to expedite it. I am sure many people want to take this. If we are talking about 500,000 people, then with a $5K premium processing, it will generate $2,500,000,000. Is that 2.5 billion.. Not bad. This step wioll not hurt many.
Sri.
mchundi
01-09 02:11 PM
I just got to this site via from immigration portal.
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
Probably true,
I think the DOL/USCIS(I dont know who) is moving in this direction.
The real problem is the 7% limit per country and the time it takes for one to go thru the 3 steps.
There r several people who have started G.C process several times for different reasons. This slows them (DOL/USCIS) down and remember this is like a chain reaction until u stop applying for a G.C or AC21 kicks in.
Bill Clinton signed some immigration relief for the illegal immigrants just before he left without allocating any resources to process them. Close to 300,000 illegal immigrants filed their labor before Apr 2001. This brought the DOL to a halt and it couldnot recover for 2 years. Finally the BEC's were created to resolve the mess created by the new law. They did not sove the problem but addressed it to some extent. For some it became worse.
In the meantime several VISA numbers went unused because the DOL probably scrutinized the cases more thoroughly and probably there were more rejections by USCIS
The reason why so many people look for loop holes is because of the inordinate delay in the process.
I guess the situation will only become worse unless those who got their labor get to apply for 485 and get portability thru AC21 or dropout altogether.
The problem with labor is partly addressed thru PERM. Over the next couple of years the BEC's eliminate the backlog and soon everybody will be in the hunt for the VISA numbers.
The best that can be done now is the fight for more VISA numbers and be able to file for I485 whether a VISA number is available or not or anything that addresses this like
1: increase the overall VISA numbers (McGain && Kennedy)
2: capture unused VISA numbers
3: Cap not being applicable for those with Masters degree in ---- && 3+ years exp before starting the G.C process (Sen. Chuk hagel)
4: Being able to file I-485 even with no VISA number(failed S-1932)
--MC
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
Probably true,
I think the DOL/USCIS(I dont know who) is moving in this direction.
The real problem is the 7% limit per country and the time it takes for one to go thru the 3 steps.
There r several people who have started G.C process several times for different reasons. This slows them (DOL/USCIS) down and remember this is like a chain reaction until u stop applying for a G.C or AC21 kicks in.
Bill Clinton signed some immigration relief for the illegal immigrants just before he left without allocating any resources to process them. Close to 300,000 illegal immigrants filed their labor before Apr 2001. This brought the DOL to a halt and it couldnot recover for 2 years. Finally the BEC's were created to resolve the mess created by the new law. They did not sove the problem but addressed it to some extent. For some it became worse.
In the meantime several VISA numbers went unused because the DOL probably scrutinized the cases more thoroughly and probably there were more rejections by USCIS
The reason why so many people look for loop holes is because of the inordinate delay in the process.
I guess the situation will only become worse unless those who got their labor get to apply for 485 and get portability thru AC21 or dropout altogether.
The problem with labor is partly addressed thru PERM. Over the next couple of years the BEC's eliminate the backlog and soon everybody will be in the hunt for the VISA numbers.
The best that can be done now is the fight for more VISA numbers and be able to file for I485 whether a VISA number is available or not or anything that addresses this like
1: increase the overall VISA numbers (McGain && Kennedy)
2: capture unused VISA numbers
3: Cap not being applicable for those with Masters degree in ---- && 3+ years exp before starting the G.C process (Sen. Chuk hagel)
4: Being able to file I-485 even with no VISA number(failed S-1932)
--MC
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