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  • gimmeacard
    08-02 01:07 PM
    so i got tricked this time, in checkout lane met some guy with his kid, started chatting casual nuthing on those bombay guy or other stuff which amway uses, finally he stated that he knows of some folks that have their business here in fremont,ca he is planning to see how they operate, i assumed business means some store related or so, since he didnt seem like an IT guy .

    next day get a call, i ask him if its quickster, n he says u heard of it...why wife started laughing @ me, saying u got tricked this time, normally i wud recognise these guys in 1look

    intresting 2 anway guys on the forum are always providing negative to my posts taking me to RED, to those giuys you suck, and will always suck! keep roaming in Walmart/Great Malls when u can use hte time to spend it with your family.





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  • katewill
    11-09 09:20 AM
    oh well, this is how i feel. "i should have studied more and started with EB2"
    rules are rules, fair or unfair.
    what have you done other than just waiting? ( i've been waiting too)
    while others changed jobs and moved on to EB2 and got GC in 6 month.
    maybe you can also search companies with sub labor.
    you could have done alot of things if you needed to, but you didn't. (i didn't either)





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  • CADude
    04-18 02:49 PM
    immigration-law.com

    04/18/2007: Further Clarification on Pending I-140 Substitution Petitions and Proposed Substitution Elimination Rule

    There are a couple of clarifications we want to make on our previous posting on this issue. The supplemental information part of a regulation is not binding, but when there is a room for interpretation on specific provisions of the rule itself, it gives a guidance to the interpretation. In this regards, for now, the correction to our previous interpretation should stand. Secondly, there is no information available about this issue in the final regulation which is expected to be released sooner or later. Whatever the final version will look, it may be prudent for the employers with the certified labor certification applications to file the substitution I-140 petitions as soon as possible before the final rule is released.
    04/18/2007: Clarification and Correction of Scope of Validity of Substitution of Approved Labor Certifications Under the Proposed Substitution Elimination Rule

    The final rule to eliminate the substitution is expected to be released in the near future. One question that raises the body heat has been the pending I-140 substitution petitions which have yet to be approved. Under the proposed regulation, there was a provision that the substitution approved at the time of enactment of the final rule will not be affected by the elimination rule. We previously interpreted the language "substitution approved" would include the approved I-140 substitution petitions and would not include the pending I-140 substitution petitions.
    We want to correct such interpretation. The substitution approved under the proposed rule appears to mean the substitution approved by the DOL and not necessarily the I-140 substitution approval. Accordingly, if the I-140 has been filed and is pending at the time enactment of the final rule, such case should not be affected by the elimination rule and remain valid. This is made clear by the following supplemental information to the proposed regulaation:
    Substitution of alien beneficiaries will be prohibited as of the effective date of a final rule resulting from this NPRM and that prohibition will apply to all pending permanent labor certification applications and to approved certifications not yet filed with DHS, whether the application was filed under the prior or current regulation. This regulatory change would not affect substitutions approved prior to the final rule's effective date.
    We stand corrected on this change.





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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.



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  • gc_aspirant_prasad
    07-10 11:23 AM
    ByeUsa - all the very best. May be I ll see you in Canada soon too.





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  • unitednations
    02-18 08:20 PM
    I don�t get the point? If somebody comes here on visitor visa and files for 485 or people here illegally flip over to EB blah blah blah then you fix the loophole, you just don�t kill the 485 measure. If you have a brain tumor then you surgically remove the tumor. You just don�t cut of the head. Your solution to oppose 485 seems similar to that. What about the people who have been waiting for for a couple of years to get the labor and I140 cleared and cannot apply for 485 now, If you get laid off without 485 you don�t get AC21 provisions to get a similar job and the whole process is gone down the drain. Why are you worried about somebody who might do something in future when you don�t even want to bother about the people who would benefit from 485 measure right now and right here?

    As you yourself suggested people from India (eb2 and eb3) should not worry about looking at Visa bulletins for the next 10 years because at current pace it will take at least 10 years. There is no company in USA in technology field which will keep you in the same position for 10 years. And you are opposing 485 on some loophole, so if I am reading between the lines people from India who have not yet applied for 485 might as well pack there bags and go back to India. Thanks a lot for your delightful insight!!!!!


    Don't shoot the messenger.

    A couple of studies came to mind recently that don't involve immigration.

    In Florida there was a plan over 30 years ago to build an artifical reef by planting 2 million tires. Seemed like a good idea but didn't serve its intended purpose and did the exact opposite. Now, 30 years later the person who pushed to do this is saying it was a mistake. There has been so much damage caused by this and now 30 years later they want to fix it. It wasn't studied enough and it was implemented and became a disaster.

    In 1999 at Laguardia airport there was a push to allow smaller airlines some space at the airport; even though the airport couldn't accomodate more airlines/flights. There was strong opposition but they did it anyways. Since then; it takes more then 45 minutes from the time your flight leaves the gate to actually get airborn. The flight time from Laguardia versus into Laguardia has a differential of almost an hour. Now; eight years later they are going to try to fix this. Even though it has been a problem for this long. Wasn't studied or thought of carefully enough.

    ---------------------------------------------------------------------

    Some people are of the opinion that people who have EAD and 485 pending should just shut up because they are enjoying the benefits of it. Well guess what; some of the biggest whiners are the people who have 485 pending but still want to do priority date transfer; are afraid of job loss; are afraid to change jobs, etc.

    Becuase of country cap of 7%; someone filing from ROW in eb3 in 2007 will get ahead of you in line; even though you are from india and a priority date in 2001. Currently, the limitation of ROW people is that they haven't designed a system to get h-1b so they will try to go the b-1 to greencard route.

    People who want to get citizenship badly. Once they get citizenship; what is one of the first things they do? apply for parents greencard or find a spouse and file their greencard (no waiting). For people here on h-1b or greencard and they want babysitters they get their parents on b-1 and try to extend, etc., but eventually parents have to go back. Now; without priority date being current they also come into the stream by filing a labor 140/485 while they are here.

    therefore, you may have a 485 filed but if it is going to take you 10 to 20 years to get the greencard; can you hold onto a same/similar job for that long? Do you think the next step of increasing the quota will come in six months? See my example of Laguardia airport; flight jams since 1999 and now eight years later they are going to decide to attempt to fix the issue. I used to be a frequent traveller and i can't even begin to tell you how inconvenient it is for business travelers to have that type of wait.

    To give you an example; I will post an example of someone on visitor visa trying to get greencard (note; this was a personal e-mail that was sent to me;just in case there are doubters).



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  • samay
    07-15 05:19 PM
    Hi there,

    Here is my situation, any help to resolve this is appreciated.
    - My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
    - My I-485 was approved in July 2007, my wife's was pending due to NC.
    - My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
    - We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.

    They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.

    Thanks for your help.

    [COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.





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  • snthampi
    08-02 11:15 PM
    One of the things that I've observed about these 'IBO's is that most often they are underachievers in general. Mostly staying home over the weekends, hardly any communication skills, no good friends (no your IBO partners are not your friends), low confidence and plain arrogance. They are asked not to take NO for an answer. So anything that you say against them annoys the hell outta them. I know I should not be using such derogatory language against any person but I seriously feel this corporation is plaguing our society big time.

    I have a co-worker who downs at least 5-6 cans of their flagship product 'XS Energy Drink' everyday. He hardly moves from his desk all day so why in the world would he need an energy drink for? One day, the rest of the team confronted him and asked him if he even knew what was in the energy drink. He quickly got angry and snapped back "VITAMINS!!!". We were like WTF? Since when did energy drinks started to have vitamins in them? Finally, I showed him the contents of the drink: #1 Taurine, #2 Caffeine. So it's nothing but fukking Red Bull. And we all know 'Red Bull gives you wings!'. Wish it gave you brains too.

    Another co-worker asked him if it'd be OK to give that drink to his 5 yo when he thought that it was alright for him to gulp gallons of it. He snapped again saying "OF COURSE! In fact she drinks small quantities of it everyday." A 5 year old kid drinking Red Bull. Can you beat that? Just coz this idiot wants to earn more points. That is when I got seriously pissed!

    Is it true that this guys makes his 5 year old kid drink something like Red Bull everyday? If it is true, that is inhuman and child abuse. I can't believe it. Can people go this low for money? Unbelievable.



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  • bestofall
    09-25 11:31 PM
    """"""""""""""Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.

    Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
    PERM applications stay stuck (as they are very few approvals in last 12 months)
    CIS is force to allocate visa every quarter (leading to large spill-over)
    Fewer EB3 to EB2 porting

    """"""""""""""

    Sachu

    Thanks for good analysis. I wonder about CIS allocating visa every quarter spill over.
    Can you please share any resource about quarterly spill- over ?





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  • GCWhru
    07-23 11:38 AM
    Guys,

    I think we have talked and analyzed enough about how many visas available for August and September and pretty much arrived at conclusion that at the minimum 20K visas available. (Thanks to vdlrao).


    Now we should talk about capability of USCIS and its processing speed? What is the normal approval rate with USCIS's regular processing. Also we heard that USCIS recruited many people, Do we suppose to see any improvement in processing. Do we think all the 20K visas will be used within 2 months?


    If USCIS is going to approve only 5K visas over next 2 months, there is no point in talking how many visas left.

    Thanks



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  • lazycis
    12-14 01:47 PM
    OK, let's assume the SC invalidates country-based quotas. All EB-based immigration has to stop at that point until new law is written and passed. New law can remove EB immigration altogether or implement quotas in a different way. It's a dicey citation at best. On top of this, you do not realize how hard it is to win constitutional challenge. We are having difficult time convincing judges that the USCIS has a duty to process our applications. The government argues that it does not have to process them if it chooses so and a lot of judges support that position!!!

    Rajiv Khanna made a great effort on behalf of all EB-based applicants but even he could not get class action certification for AOS delays.

    If you are looking for an advice, write or e-mail to AILF or ACLU. No need to spend IV money on this. Do not get me wrong, I am always glad to support new ideas and to challenge government in court, but this one is just not going to fly. EEO is completely different area and there is no conflict between EEO and the INA whatsoever. It's nice to be able to see outside of the box, but from time to time it's good to use conventional wisdom as well.





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  • freedom_fighter
    01-15 04:00 PM
    No this rule is not against the H1B. Kindly read the rule. This rule is against body shopper and who do all kind of illegal activities. No pay on bench, 80-20 , no LCA ,no value addition etc etc. Their whole existence was questionable from day one. Why don't they do the same business with GC holder or US citizen ? Because they are not required in food chain of consulting. Period. Check out people from one state of India buy H1b . I will use the word buy. It's like buying air ticket along with visa fees to come to usa. USCIS is nailing there.
    Do you think that purchasing H1B visa is Okay as per us rules ? It was never legal. It is not that they made a new law or changed a rule. They just said , we know where was the hole and they put some bricks there. So your logic they will do to EAD and GC is pure speculation. Yes during second world war they arrested people with Japanese connection.
    They have not banned H1B . Period. Why I am happy ? Because now there will be direct relation between job and H1B. No illusion of fake job. Second, now only good companies will be their ( Accenture , deloitte ) and they will need H1b consultant. Mark my word, US companies can not live without H1B and they will hire H1b directly and will sponsor them.
    These companies will never bill below a low limit. The Indian body shop and their gulam agree for any rate ( yes even10$/hr for tester job ) and kills the market. It will usher a new era ( good ) for H1B. Due to these cheap desi dallas real companies never felt the need for sponsoring H1B. In my own case , the client did not give offer to perm because I was cheaper in contract to them. Finally when I resigned and on last day of my 2 week notice period client offered me to sponsor H1B. I refused as some one else had already filed my H1b and I continued there. I am happy for the beginning of this new body shop free time.

    I agree, but its sort of v late. We know, i dont know want to name but majority of the people come from one particular state, and most cases of fraud/body shops are from them. They are all settled since the the Y2K era, even though they never deserved on merit basis.



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  • alisa
    02-13 02:04 PM
    Is the cumulative effect of all three measures good for me (reduced wait time, or no change in wait time), or bad for me (increased wait time.)?

    I read this, and I was referring to this:


    If you think a little extra time you need to spend in the queue is turning you so angry, what goes in the mind of a person who has to spend twice or thrice as much time in the same queue, for no fault of his/hers?


    So, does recapture and the increase in quota and the removal of the country limits, result in a greater wait time for me, as the comment above seems to imply. It would, if the recapture and the increase are not large enough to offset the effects of the removal of the per-country limit on ROW.

    Coz if it does, then I don't have an incentive to support your goals, do I?

    If you see the entire post, you will see that the agenda is

    1) Increasing GC numbers
    2) Recapturing numbers and instituting permanent Rollover mechanisms
    3) Eliminate country quotas

    Part 1 and 2 would help everyone from around the world. While 3 would benefit citizens of a few countries more than others, all it is saying is STOP discriminating in employment based green cards on basis of country of origin. You are not BORN with skills and neither does being born in country A make you more SKILLED than being born in country B.

    If you want to see 3 as being the reason to not participate, that you are implicitly condoning discrimination against people born in certain country even though you will benefit equally from 1 and 2.





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  • TeddyKoochu
    01-15 04:48 PM
    "What about the legitimate people who didnt buy the visa and due to USCIS, struck in GC black hole...? Do you have any way to segregate bad apple from good one. You just want to throw the baby with bath water. Period."
    U tell how USCIS should segregate bad apple with good one ? Should they allow the status quo because good apple will be affected ?

    Buddy I believe you are being too harsh. Status Quo is never a great idea, however please consider the following scenario's you will realize the larger issue, no disrespect meant to you. Nobody is a fan of consulting only companies including those who work for them.

    1) In case of cancer, chemotherapy or radiotherapy is not applied to the entire body but just the affected part and the dosage is carefully measured not to cause any harm to the good portion howsoever small it maybe.

    2) In a state if a certain area is bad does not mean that every person or everything is bad in that area and the only cure is to eliminate everything.

    3) In a field in a given area if some crops are infected the idea is that you try to weed out just them without harming the good crops or the soil.

    What you are implying is just eliminate a practice right away because the rules of the game suddenly changed one fine day. Your intentions seem to be correct however in your blind justice you are forgetting that there are many good brilliant apples as well (In fact more good than bad) and their families who work hard everyday, have been doing so for many years waiting for their GC and are probably partially stale already. Your notion of justice, correctness and change will kill / finish them as well. Sometimes idealism in reality is not as good as it looks like when just thinking.



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  • snathan
    03-30 05:47 PM
    In my opinion MMS may be a nice person and may be a good economist, but it wasn't him who was running the govt. and it will not be him if he comes back again. It is a very common practice in India, a chemist will run a chemist shop but the License is in somebody else's name. Here also same thing happened, you saw Manmohan Singh on PM's chair, but it was somebody else who was running the show, and it is deception & dishonesty to your voters. I always see a "Culprit" in his eyes, which is either hiding something or is guilty. Observe him on TV, he's mostly not making too much eye contact, he know he is guilty of deception....
    He also headed one of the most corrupt & criminal cabinets in the history of India. People like Taslimuddin, Shibu Soren , Jagdish Tytler, Lalu had several criminal cases against them. On the contary you may not personally Like LK Advani, It's not just him who's going to rule the country if he comes to power. It'll be the whole cabinet, most what was during Vajpayee govt. which was much cleaner & much more agressive on developmental issues, they worked on certain agendas, lot of places where you see growth, were actually the good work done by the NDA govt. You may praise Laloo for all the Railway turn around, but the reality is the foundation was layed by then Railway Minister "Nitish Kumar", AI/AI became profitable under "Rajiv Pratap Rudy" . There were people like "Suresh Prabhu", "Yashwant Sinha", "Arun Shourie", all of them did tremendous Jobs in their cabinet.

    Can you tell me how many politician making eye contact in India.





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  • mabuhay
    07-13 02:29 PM
    I'm tired and extremely frustrated. Maybe this country does NOT need
    an experience special education teacher nor a registered nurse (my husband), who studied here but cannot work because of unavailability of visa/green card.

    Starting today, I will explore the possibility of moving to Canada. Could anyone direct me on how to start?



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  • unseenguy
    06-12 11:26 AM
    Dude... he is talking about the second best engineering college in India that is located in Rajasthan.. aka - BITS Pilani (my guess).

    Still , he only has bachelors degree. BE degree holders are dime a dozen these days. Even I am one of them. You need MBA, MS or PhD to survive or go up in career. Tell me why some MS degree holder with 3.7+ GPA is not more qualified than BITS guys? I have met and rolled over (performed better) than many BITS guys in my career. And I know many guys from my local place did not go to other states or outside for education because their parents would not let them go away for studies. So..... you can find smarter guys in local places as well.

    This is the problem with a lot of guys. They go to some top Indian institution and they think they are all set in life, they are out of the box , extraordinary and people should come and reward them for that.

    No my friend, life is a one day match... you hit couple of sixes , you are ahead in the game, lose couple of wickets , you are fighting for survival. Also see how he is talking down on India despite getting the best opportunity in his life there.....





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  • immigrationmatters30
    07-16 08:39 PM
    ThanksGC for the reply,but what if by the time I apply for labor, I enter 6th year and if assuming labor is approved in 6 months, can I use PD from the previous employer to extend beyond 6th year. I am asking because I was under the impression, I cannot extend my H1 if I file labour in 6th year( it has to happen before I reach 6th year).But in my case I have approved labor with PD before I reach 6th year but from different employer.

    In short,Can I apply for one year extention based on my labor PD from different employer even if I file new labor from new employer after entering 6th year.


    I-140 IS NOT PORTABLE. PD is portable.
    You can get 7th year extension to your H1 transfer to caompany B based on your I-140 approval from previous compnay. You have to file new LC and I-140 from your new company and while filing I-140, you port your old PD by providing your old I-140.





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  • jhaalaa
    01-15 10:36 AM
    Hope the AILA and ImmigrationVoice leadership can work together to urge USCIS to post a statement explaining that the guidelines in the memo are initially meant to encourage compliance by the businesses and prevent abuse; and that the USCIS would start enforcing them starting Jan 2012 or later. Thus it may be just a matter of getting used to the extra bureaucracy.

    I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.

    _____________________for those very concerned____________________
    It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.

    I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.

    If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
    _____________________________________________

    Best Wishes for all.





    coopheal
    06-11 09:32 AM
    Can someone put the numbers for EB2 similar to already entered EB3 numbers on wiki
    EB3 numbers - EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)
    EB2 numbers (needed) - EB2-I USCIS Data - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB2-I_USCIS_Data)





    chintu25
    02-13 10:55 AM
    The issue is that people speak big here - but run away when asked to come forward. How do we trust 35K members who have tons of excuses for not doing anything for themsleves and blaming IV and questioning IVs credibility?

    Ok Chandu Lets not do anything then and just sit tight...... and hope for something to happen

    I respect your opinion but now think you r getting disappointed by people not responding to IV campaigns..

    One thing that is v clear from the Feb 4th memo about fingerprint/name check
    It happend because there was al awsuit filed. I urge the IV core to atleast explore this option with a good attorney again.


    One motto

    TRY AND TRY TILL YOU SUCCEED



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