Monday, August 8, 2011

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  • lazycis
    12-13 04:35 PM
    Folks,
    Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney. I am sure the attorney will be able to tell us if we have a case. As for the cost, I think an hours time of any attorney will be peanuts compared to what we can afford.

    What say LogicLife?

    Thanks.

    It will be a waste of money. The US does not have to allow any immigration if it chooses so. Do you realize that getting a GC is not a right, but a privelege? It's a matter of grace and no court has jurisdiction to review if government says "no".





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  • pappu
    01-24 12:16 AM
    not just 5 years,
    make it a retrogressed date for coming out of prison for such people. They will understand what retrogression is and will wait endlesslessly for their date of freedom to become current.:)
    stay in jail forever and when the date becomes current ... go back to the home country empty handed to start all over again.

    btw, everyone filing GCs from small companies need to be very careful. Some members are asking about company A or B on the forum these days. You need to directly ask the employer all these questions before joiniing them. Sometimes even after approval of 140 or even till you get the actual GC your application can be denied for GC if:
    - The company is found to be fraud/ involved in any fruad by USCS or DOL
    - the company has excess GC applications and cannot show ability to pay (company profitability per year) for all of them. Small companies typically may be involved in wrongh tax practices by hiding their actual profits. The company may have filed several GC applications and sometimes initial applications may get approved but later can be denied. IN that case USCIS can also deny all previously approved applications.
    - The company is H1B dependent. (more H1Bs . There is a percentage defined by USCIS). Ths will raise red flags in their system.
    - The applicant is related to the owner of the company. This also can be a reason for denial and red flagging of a company for all other applicants.
    - Physical location and legitimacy of the company. In the past some applicants applied through companies in Maine even though they were not working in Maine. This was to get faster LCs before the Perm process started. Sometimes such cases also raises doubts.

    Be careful with every step you take. GC application is very important and you do not want to take such risks and regret later.





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  • nixstor
    08-03 03:45 PM
    While I accept that it is unfair, How many of the people will not take a labor substitution if they feel that the company is good and kept their books nice. Retropain, You, me and some xyz might stick to FIFO and wait in line but not every one does. I am sure 99% of the people who vote on your poll will say its unfair and must be removed. Do you still need one? I feel that substitution will be gone soon.





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  • humdesi
    11-16 09:29 PM
    DOL cannot do anything about labor sub. USCIS must stop using old PD. FOr this, we need to appeal to USCIS. Do you know who to address the letter?

    We should all contact the ombudsman. Write to him TODAY.
    Explain that labor substitution and PD porting is evil because it lets people unfairly get ahead in line. Otherwise EB2 will also soon retrogress to EB3 level.

    Here's the link:

    http://www.dhs.gov/xabout/structure/editorial_0501.shtm

    Write today!



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  • eb3retro
    07-26 10:39 PM
    arkbird, I cant help but LOL on your post. Thank you, you made my day. Good response.

    Here is one potential answer...

    Yes, you will retire at 40 because no self-respecting person will come near you let alone hire you so I guess you will have to retire and that $xxxx/per month, please feel free to replace it with disability (of course mental!) benefits from your state! ;)

    ArkBird

    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





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  • _TrueFacts
    09-04 02:03 AM
    Conformed you brain got damaged and you will die soon.

    Will distribute sweets after you death

    I am not his follower nor from his family. But you better watch out, if you are too much into him you might be one of the few people to die from his death grief.

    As for your sweets, hold them until YSR’s Son is put to sleep.

    And you ever again put a dirty personal mesg....comments will flow on your family and ...by the way your profile is not anonymous



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  • alien4ever
    07-04 01:34 AM
    PLEASE HURRY !!!!!!!!!!!!!!!!!!!!!

    http://digg.com/politics/USCIS_Visa_scandal
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who

    Dugg all 3





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  • Circus123
    02-12 12:42 PM
    September 2001 will be current next month for sure ...



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  • sidbee
    06-02 03:59 PM
    Its possible we will not win such a lawsuit....I am not a lawyer, and often things which seem discriminatory to the common man, cannot be proved so in the court of law.
    Yet, such a lawsuit could get some publicity and at least highlight the baltantly unfair laws against certain groups people based on country of birth in the EB category.

    It very well depends on the lawyer .

    If he could prove country quota as unconstitutional, which i feel it is.

    But yes IV should talk to a good constitutional lawyer(not immigration), and find the odds,

    And as you said, even if we do not win , we would for sure get some media coverage.





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  • samay
    07-15 07:09 PM
    Hi,

    I found that priority date field on my I-140 receipt is empty. Will this create any problem??
    I filed concurrently lasy july and MY PD will be current next month. I applied at NSC but got transferred to TSC.

    Thanks for the answers
    Your priority date is the date of your filing of your labor certification. Therefore, lack of the priority date on your I-140 receipt should not matter. Best of luck!



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  • brahmam
    09-15 11:29 AM
    you are right in Aug 2008 so many people wth PD of 2005 & 2006 got approved. I would have been a lucky one but unfortunately my Birth Certificate turned out to be the culprit and ended with with an RFE. By the time I answered the RFE visa # were exhausted and I was left behind.

    Absolutely. this factor needs to be taken into account. One of my friends that filed PERM in sep 2005 before the dreaded retrogression was gonna hit - he got approved in jul/aug 2007 and consumed 2 GCs. another with Nov 2005 data got through last august 2008 and consumed 4 GCs. there are a lot of such folks and not every updates .

    the unknown factor though is the traditinoal EB2 RIR labors filed in mar 2005, before PERM got in. Just from CISCO, I think there were around ~1000 applicants.





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  • chmur
    02-12 11:05 PM
    Some of the events in the last week seem to indicate so ??

    1. Writeoff FBI namechecks pending for > 180 Days
    2. Moving EB3 dates in smaller increments . Eb3 India was moved by ~3 Months


    Step 1 was crucial because this will enable USCIS to approve all the applications within 'Current Dates'. Atleast now, USCIS will know pretty clearly where they stand when they move the dates (in conjunction with DOS) , unlike last June fiasco.

    Step 2 ; Moving the dates in reasonable increments indicates they do not want to loose control of approval process . Lot of 2003 /04 filers got GC's in last July at the cost 2001/2002 filers . It was obviously arbitrary once they made everything current and probably depended on how eager an officer was to grab those visa numbers for his /her cases. USCIS lost control over the process.


    Regarding EB2 heart burn - Blame it on substitute filers, obviously most of the line breakers would have used EB2 rather than EB3. But I think eventually EB2 will get higher priority and move faster then EB3 once the Unused numbers from others categories gets distributed after June /July. Calm your nerves.


    I only wish if they had streamlined the process in this fashion about 3-4 years back . We would have not lost 200,000 visas and most of the dates would have been current or at the most 2 years behind. Very reasonable.

    Am I dreaming....has USCIS got it's act together??


    I forget , IV was not around 3-4 years back.


    But we cannot be too enthusiastic about these good news because unless those 200,000 numbers are recaptured the dates will soon get struck in near future .



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  • dealsnet
    09-04 12:00 PM
    These people are Christians ??

    Any figures available like how many Hindus, Muslims die???

    If other caste people are dead, it means it is crazy to die for a Christian terrorist !!!!
    according to -TrueFacts and his avatars.

    His postings have only one agenda. He is a religious fanatic. Nothing to do with corruption. PERIOD.


    Wow!!! this is just crazy>>>

    Over 100 die after YSR's death, son appeals for calm- Hindustan Times (http://www.hindustantimes.com/Over-100-die-after-YSR-s-death-son-appeals-for-calm/H1-Article3-450319.aspx)


    As many as 122 people across Andhra Pradesh reportedly died of shock or committed suicide after the death of their chief minister YS Rajasekhara Reddy, prompting his MP son YS Jaganmohan Reddy to appeal to the people to be stoic and brave.

    "I appeal to all of you to be stoic and brave in this hour of tragedy. He (YSR) wanted to see a smile on the faces of all and if you resort to such things (suicide) this will hurt him," said Jaganmohan, trying hard to control his tears.

    "He used to smile even in difficult times and I am sure he is still smiling. I request you to follow his principle and not to commit suicide as this will not give him peace," said Jaganmohan, who was elected to the Lok Sabha from Kadapa in the April-May elections and is being seen by many as the next chief minister.

    The appeal before the camera was telecast on all Telugu television channels.

    Television channels estimated that 122 people died of shock on hearing the news of their leader's death in a horrific air crash on Thursday, or committed suicide unable to bear the loss. Most of those who died of shock were keenly following TV news channels ever since his chopper went missing early on Wednesday and then received the news of his death on Thursday.

    NTV, a Telugu channel, reported that 122 people have died since Thursday morning when YSR's body was found. It said 99 people died of shock while 23 committed suicide.

    However, there was no independent confirmation of this. The police here said they did not have any figures to confirm this report.

    This is the first time in the state's history that such a large number of people have died over the death of any political leader.

    YSR, as the late leader was popularly known, has surpassed in death the popularity of actor and Telugu Desam Party (TDP) founder NT Rama Rao who died in 1996.

    A large number of those who died of shock included young supporters of YSR and the beneficiaries of the various welfare schemes launched by him in the last five years.

    The deaths were reported from 19 out of 23 districts in the state.

    In the coastal district of West Godavari, six people died of shock and four committed suicide.

    "YSR dedicated his life to people, I am dedicating my life to him," a youth wrote in his suicide note before consuming pesticide.

    A physically handicapped couple, who were getting monthly pension under a welfare scheme, attempted suicide by jumping into the Godavari river but were saved by fishermen.

    In Hyderabad, 42-year-old Yadgiri died of shock while watching news of YSR's death on television. M Srinivas, 30, another admirer of the chief minister suffered a cardiac arrest.

    The charred bodies of YSR and four others were found on Thursday morning in the Nallamala forest in Kurnool district, almost 24 hours after their helicopter went missing.





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  • nozerd
    10-10 10:18 AM
    What happens when you loose your job on TN1 ? Do you get any time to look for another job ? Do you automatically convert to tourist visa or you need to leave and come back ?
    Are the 3 and 10 yr bar reevant for Canadian nationals ?



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  • Imigrait
    06-16 03:25 PM
    To be honest, you are the kind of people, with the right attitude and qualifications, who deserve the GC and should not be subject to these mindless wait times. I am truly sorry for you. Hope the best for you

    Who defines what "right" qualifications are? Will IIT Kanpur make the cut and not IIT Guwahati? In the US, especially Sillicon Valley the best people from all over the world come for work. People from the best colleges in their countries come to work in addition to people from "normal" colleges from their countries. Where does India's top colleges stand compared to the best colleges around the world? IITs according to some rankings are not even in the top 200 colleges. Does that mean we exclude them altogether? Where does that leave BITS Pilani? Stop harping on that qualifications theme. I know people from both Bombay University and IIT kanpur Eb2 2003 waiting still for their GCs in the same company and same department. Workwise both are similarly capable.

    I would suggest you to think hard before you do your MBA. An MBA does not teach you that 1+1=2 all the time unlike an engineering field.





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  • sunnymit
    07-30 02:56 PM
    What does this means? :confused::eek::cool::rolleyes:

    We are all talking about Amway/Quickstar here and the approaches ppl take to get to you.. However, I think your mind is wandering at different levels. hmm.. perhaps your experiences have been different?



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  • bayarea07
    07-28 03:07 PM
    Hilarious Post and good way to tackle these guys, You Just made my day

    #1 Landed in Texas in late 90's at a friends place. Friend took me to get SS# next day, dropped me at SS office during his lunch time and came in the evening at SS office to pick me up. While waiting outside, in a span of 20 minutes, had two people (one desi and another a colored person) approach me trying to befriend me...obviously I fall for it, second day and I meet such a nice person , offering me help if I needed. etc. Asked me for my cell or home #, I did not have any (was only going to stay at friends for few days and then going to Phoenix), so, i managed to get their business cards and I promised to call them.
    In the evening, friend picked me up, told him what happened, he laughed and said "they already got you....unbelievable..hit in just one day of landing... I asked him to explain what was going on, he said he explained me everything. He mentioned that his brother-in-law will be at his home in the evening for dinner (an IBO), and asked me to tell him that I was not interested as I wanted to focus on career first. We go inside, he introduced to his BIL, BIL immediately asked me when I came and what I do, and that he has an excellent business offer for me, which he would discuss with me after dinner. My friend blinked at me, I told him that I had a business proposal for him as well. He was surprised and asked me what it was. I told him that when I was in India, I was a IBO and I wanted him to be an IBO, after listening to what I had to say.

    He and my friend were astonished, my friend and his wife were laughing. BIL said he was going to talk about the same thing to me, I said, I am tired and if he already is a IBO, I will not talk about it at all, as I would rather sleep (jet lag). Got rid of him easily...


    Incident #2: After moving to Phoenix in 8 days, landed at my Desi consultant's, got a 2 Bedroom townhome shared by total of4 people. One of them was active in AMWAY...asked me if I wanted to go to a business meeting followed by Tea/snacks. I told him I could come only if he stops by grocery store first as I wanted to buy stuff. I did not have car so needed his help for groceries etc. I went with him and few of other FOBs that he had managed to "capture" (New Bakras for him). Went to his friends house who was a new IBO and hosting tea party/(Bakra kato seminar) first time, so he had lot of food/snacks etc. I enjoyed the snack, slept in the mkt. speech. ate good food. Told him that I was already an IBO when the form signing ceremony started, friend was mad why I did not tell him, I told him that I should be mad at him for wasting my time and not telling me where and what this meeting was about. Had a fun at his expense :-)
    in couple of weeks moved to Mid North East, where I did not face any AMWAY/QUI guy/s.





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  • intheyan
    10-19 02:35 PM
    Hi,
    Thanks a lot for reading this Question. Thanks in advance for your valuable suggestion. My friend initially came on H1 visa. Her Husband is the primary applicant for Green Card and she was working on H1 visa without break. Now she is on EAD and joined a job in EAD got 2 months pay stubs( ie 8 weekly pay stubs). After that got 3 months break. Her status now is on I-485 and no more on H1. Note: Her husband was the primary applicant and she applied I-485 through her husband's GC.

    Her husband got the GC card and she is waiting for her's. While her husband received the GC she was working on her EAD.
    Now the question is Will the break in her work on EAD be a problem for getting her GC?.





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  • sankap
    07-13 11:18 AM
    Here's an article that appeared in Outlook (India) magazine 8 years ago. Apparently, the situation hasn't changed much since then:

    http://outlookindia.com/full.asp?fname=international1&fodname=19990125&sid=1

    Canada...The Grass Isn't Greener
    Outlook: Jan 25, 1999

    It's a dream gone sour. Thousands of Indian immigrants who land up in Canada are, more often than not, greeted with unemployment, racism, culture shocks...

    SOHAILA CHARNALIA

    "I didn't come here to be a chowkidar. I came here believing it to be a land of opportunity; a country that has never known the nepotism, the corruption, the shortages of India. I find I have only substituted one country for another... certainly not one set of values for another, as I hoped. " For Dr Gurdial Singh Dhillon, who was made to believe his qualifications would land him a good job fast, Canada was a real disappointment. When he did find work, it was that of a security guard. This, when the United Nations has declared Canada the best country to live in.

    Some 200,000 people migrate to Canada every year, a majority from Asia. Hong Kong heads the list, followed by India, China, Taiwan and the Philippines. According to the Citizenship & Immigration Canada report, 21,249 Indians migrated to Canada in 1996 alone. (The high commission in Delhi, however, put the figure at 17,682). For many of them, especially those who are qualified professionals, dreams die fast. The life they face is never quite as rosy as made out by money-raking immigration lawyers.

    Is the UN report the only reason for the increase in Indian applications for immigration? That, and the fact that it is easier to get entry into Canada than any other western country, says a Delhi-based immigration lawyer. Also, the fastest way of getting immigration to the US is through Canada.

    Dhillon's disappointment is echoed by others. "I should have done my own homework before I applied", rues Aparna Shirodhkar, an architect from Mumbai, working as a saleswoman in a department store. "My husband is unemployed. I am the sole earner for a family of four. Sometimes I feel like running back". For Raheela Wasim, who's gone from being a schoolteacher in India to a telemarketer here, the experience was very discouraging, very disheartening. "I started losing confidence in myself. I felt I was not capable of the job market here".

    Jobs are the sore point with Indian immigrants. The irony is, they are often more qualified than their Canadian peers, yet they end up with either no work, or with entry-level jobs that have no future. "I was not told that you require a Canadian degree to get a job here", says Paramjeet Parmar, a postgraduate in biochemistry from Bombay University. Parmar works as a telemarketer, which has turned her from an elite professional to an unskilled, daily wage labourer. Ditto Opinder Khosla, a mechanical engineer from India, who has ended up as a salesman. "I found it difficult to even get an interview call", he says. The Canadian authorities are non-committal about the social and economic devaluation that the country imposes on immigrants.

    "You can't come thinking you can just walk in and get a job in your profession", says Isabel Basset, minister of citizenship, culture and recreation, responsible for handling immigrants' woes in Canada's largest province, Ontario. But she admits that the licensing bodies regulating the professions need to be more accepting of people trained elsewhere.

    That effort could only come from the government, argues Demetrius Oriopolis, co-author of Access, a government-commissioned report on assessing qualifications of newcomers, a 10-year-old report whose recommendations have still to be implemented. The report suggests certain rules of equivalence should be made binding on the regulatory bodies, which are exclusionist by nature.

    But Basset won't even hear of making the regulatory bodies accountable: "We believe in private enterprise with a minimum of government checks. Besides, she argues, the exercise would cost millions of dollars".

    Needless to say, the organisations are gleeful. Only professional bodies have the ability to determine what constitutes competence in a particular profession, was the cold response of the spokesperson for the Canadian Institute of Chartered Accountants, an institution that's responsible for the unemployment as well as under-employment of hundreds of qualified chartered accountants from India. They do not grant licences for professional practice, because Indian qualifications are not acceptable.

    "What kind of society are we creating? Is it a new form of slavery?" asks an irate Bhausaheb Ubale, Canada's former human rights commissioner. Qualified immigrants work as drivers, guards. If this isn't job discrimination, what is? Dr Ubale lobbied intensely before Indians were accepted in the media. They now hold jobs as reporters and anchors, he says, but a lot more has to be done.

    While skilled men may not be able to find jobs, their less qualified wives find it easier because they accept whatever comes their way. In several cases, the wives earn and support their husbands who are busy upgrading themselves, by studying for a Canadian degree. The working wife sometimes slogs away at three jobs. Sumitra starts at 7 am at her first job, teaching immigrants English; her second job as telemarketer starts at 4 pm. She gets back home around 8 pm, after which she begins selling cosmetics and household goods door to door. Till midnight. Sumitra supports three students, her husband and two school-going children.

    The other problems Indians face here are the high taxes, high mortgage payments for new homes and the sort of hidebound laws that the benign anarchy back home hardly prepares them for. "You can't run a red light, you can't escape from a hit-and-run site even if you are just the witness, you can't smoke in public. Too many rules, so different from home", says Harminder Singh.

    Two 'Indian' practices that do exist here, however, cause immigrants the maximum trouble. They are sifarish baazi (nepotism) and mufat ka kaam (free work). The Canadians, of course, have given them sophisticated terminologies, the former is referred to as 'networking' and the latter, 'volunteerism'. In a country where you are never encouraged to 'drop in' to meet someone, where the fax, the computer or the phone is used to complete most transactions, a job-seeking immigrant often has the phone put down on him. Polite but firm secretaries block access, unless the caller can drop a magic name that can help him gain entry. It takes at least a year for even the most enterprising immigrant to get to know somebody who can help him, before he can get a job at all.

    'Networking' goes hand in hand with 'volunteerism'. Many immigrants put in a year of free service before they are given the job. Most writers and anchors of Asian origin are given only part-time jobs, paid by assignment and with no fringe benefits. The company insists on the word 'freelance' on their business cards, to make it clear they have not been hired by the company, and hence can't demand higher pay or any benefits. They can, and often are, fired at will.

    Perhaps the greatest problem in Canada is the one that is least articulated--racism. According to a diversity report on Toronto (said to be the most ethnically diverse city in the world), the year 2000 will see its minority becoming its majority that is, 54 per cent of Toronto's population by the end of the millennium will be non-Whites. Keeping that in mind, it warned, if the discrimination against them in education, employment, income and housing, or incidents of hate are not addressed, it will lead to a growing sense of frustration.

    "All our problems exist because of racism", sums up Anita Ferrao, who works in a firm. Anita has worked for them for three years and has got neither promotion nor raise. "As an Indian immigrant, you can never reach the top. They'll see to that. It's better to bring in some money here and start a business. It's the only way you'll do well here and be respected. "
    But then if life is so tough here, why do people give up everything back home and come? The answer is the rosy picture of North America, inculcated right from childhood. Everything 'American' is considered superior. Better food, better homes, better life.

    Each potential immigrant pays at least Rs 2 lakh chasing that dream. Multiply that by the thousands of Indians admitted each year, and further, by the number of immigrants accepted from all over the world, and you hit upon the most lucrative business today in Canada. According to a leading White immigration lawyer here, who prefers to remain anonymous, his own fee is 8,000 Canadian dollars, which comes to Rs 2,38,000. The government levies extra charges.

    What do immigration lawyers advice potential immigrants? "Do your homework, before deciding to go ahead with your application. Arm yourself with facts about Canada. And when you do apply, stick to the truth yourself. You won't be in for unpleasant surprises, then. The rest is up to one's initiative and optimism." Indians need that, says one lawyer, as many of them fall into depression: the changes are just too much. But, he clarifies, Canada is the best. Where else will you find a land of opportunity, that still cares about its people? That's what the Indians come looking for. And haven't discovered yet.





    snathan
    08-17 01:14 PM
    It happens everywhere. Politicans bank on these stars - stars get along well with businessmen, politicians fight and then kiss each other. Stars marry, divorce, remarry - and the list goes on.

    Come on, it happens everywhere, not only in India. How many times do you not see 80 year old rich businessman marrying 26 year old beautiful model?

    Look at how the bailout money has gone to those people who screwwed the economy.

    The reason you think India has issues that other countries do not have is because you are still not stepping out of your Indian shoes.

    Go out with your American friends for a drink and discuss these issues - for every issue you discuss - you will get a parallel American counter issue that is similar in nature.

    There is nothing called "absolute" in this world and you will realise it now or later. Live in a country side with a constant income and you will find life peaceful because you are not bothered by what is happening.

    Or try helping people - and do social service - you will realise that it is a dangerous and thankless job.

    Democracy is "not exactly" how it sounds. Unfortunately, life is not fair to anyone and one has to live in within his/her means.

    Crying foul over all such stuff will not bring changes. Working within parameters to bring about changes is "unfortunately" the only way how changes have come to the "Mother Earth"

    snathan - you are a very strong vocal person and have great thoughts. You must utilize your "good hearted nature" not to point fingers but to see how best you can utilize and grab opportunities for betterment.

    There are worse things happening in places like congo and African countries, small girls being raped , civil wars , and so many things.

    Diseases are spreading, sanitation is bad, farmers are facing drought - so many things happening. Lets not blame SOME PEOPLE for all this. it is us collectovely who can bring about change.

    Do you mean to say if one american actor/actress is frisked away at Mumbai or delhi airport, americans will go to street and burn the indian flag..? GOA will go after the indian security and customs...? I am not blaming anything about SRK. I am blaming common man, GOI....most importantly the OP who started the thread for SRK....well this is my last post here and I dont want to waste my time on a useless issue.





    sbabunle
    04-29 12:31 PM
    That means---> Once the labor is approved you have to use it in 45 days.
    ie apply for 140 in 45 days or LC is expired...I'm glad they did not propose to file I485 in 45 days :D

    I think 45 days is too short. Since LC cannot replaced, it cannot be used for anyone else. So I dont understand why they need an expiry date too...At lease a LC should be valid for 6 months.

    But we have to wait and see what the final rule is. There may be some changes fromt he proposed rule.

    babu



    Can you anyone tell what the lines highlighted below in blue means ?

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    RIN: 1205-AB42 Agenda Cycle: 200610

    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

    Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).

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    i got the above info from the OMB website below -

    http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657



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