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  • abhijitp
    07-04 11:20 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!


    GOVT AGENCIES SHORT CIRCUIT A MILLION HOPES... or something on these lines... but just mention Govt Agencies, so the common man understands





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  • mihird
    10-09 04:24 PM
    what if both husband & wife get jobs and come here on TN vsia, then how does TD visa apply because both are working? is that possible for both to work in US without one getting into this TD tangle?

    db

    You won't get into the TD tangle similar to not getting into the H4 tangle if both are qualified, intending to work and qualify for their respective TNs..





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  • muni_k
    07-08 06:44 PM
    I am in the 6th year of my H1b.expires end august 2008.I have applied for I-140 in may of 2008 after my labor got audited and finally approved in may2008.My labor application was in sept 2008.I can probably recapture the time spent outside the country to take it past 1 year of labor certificate application(in order to apply for H1b extension).can i avail of premium processing for my i140 to get a possible 3 year extension or not.to me it seems not given that as per USCIS website :

    USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:

    Whose sixth year will end within 60 days;
    Who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
    Who are ineligible to extend their H-1B status under section 106(a) of AC21.
    Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.





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  • u.misc
    01-25 02:46 PM
    From the day I came to this country , I have spent around $12,000 on immigration including H1-Bs, filing GC, APs, EADs extra. Not to mention the traveling for visa stamps and whole other shit load of expenses. I guess most of people who paid for filing GC did spent same amount of money.

    Hell ya, Some one got to be benefiting from my $12000.

    AILA should. I heard a lots of para legal staffs are already lost their jobs. Because there were less H1, and GC filings. Actually there is a huge economy based on immigration. If USCIS just changes the rules as they want that would affect lots of US citizens not just few immigrants.

    Lets see which businesses/people are making money out of immigration related activities.
    1) Attorney
    2) Paralegal staff
    3) Shipping guys (usps, fedex, etc)
    4) Airlines (because immigrant workers has to visit their home country periodically)
    5) Consulate
    6) USCIS
    7) Contractors in USCIS
    8) Port of Entry/customs staffs
    9) Notaries
    10) Doctors/hospitals for getting medical clearance for 485, etc
    11) Passport photo shops
    12) Airport staffs
    13) ....



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  • chanduv23
    02-16 01:22 PM
    That is one way to look at things. The important thing is, whether the Judge looks at the situation the same way. It will be tough job to convince the Judge. If you seek legal opinion from a lawyer, lawyers mostly tend to say that you have a case expecting that that lawyer will be the one filing the lawsuit (i.e. making the money). So be careful with the idea and advise from a lawyer.

    And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.

    Say we have a case, then to go to the next step we need -

    1.) Someone willing to take the initiative/lead
    2.) Plaintiff
    3.) Resources
    4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.

    How to find what we need to file lawsuit -

    For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.

    For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.

    For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.

    just to keep things clear - I am against this. I voted 'no'. I just complimented lazycis's enthu in my post and I strongly felt that if these folks are so interested, they can form a google group and move their discussions on there and did strongly feel that probably lazycis has the fire in him to lead :)





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  • kondur_007
    06-03 06:37 PM
    this article says and I quote:
    "Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009"
    now the only category indians could have used up more numbers is EB1, as that is the only category which is current. and this means that india's normal share about 9600 per year, so an extra 9600 EB1 were issued to india, which sounds improbable. this also contradicts what is said in the next paragraph about EB1 usage.
    "Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009"
    it can not have gone to EB2 because as Mr. Oppenheimer puts it
    "The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category"
    so i dont know what he is trying to say when india has used twice the limit in 2009..i would really appreciate any input.
    ALso can somebody please explain this sentence as well
    "He stated that, due to the dramatic increase in employment-based filings visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year"
    However a later report from USCIS says there is a drastic reductionin I 140 apps,
    also just today AILA released that DOL is processing JULY 2008 PERM cases, so where is this demand by increased filings that Mr. Oppenheimer talking about coming from.
    I am totally confused. senior members please analyze


    All these statements are difficult to analyze...I tried to add things up but could not.
    The only way to get the actual idea of what is happening is to look at July, Aug and Sept visa bulletin as well as usage statistics for 2009.

    As far as most of us are concerned, the fiscal year is over and there is no hope till next fiscal year. The analysis of above mentioned visa bulletins and usage statistics may help to understand what to expect over the next fiscal year and thereafter...

    Is all these because of "increase efficiency" of USCIS and FBI that they processed all the old cases (better scenario) or is the result of something else (like tons of EB1C filing) in which case it will be 10+ yrs of delay for most of us:(
    So just wait...



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  • greenguru
    07-16 06:54 PM
    Hi vdlrao
    Could you please shed more light and your calculations on EB3 - I

    Would be of great help if you could give some pointers atleast.

    Thanks





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  • kondur_007
    01-13 08:45 PM
    This indeed is a very bad news. It looks to me that someone is frying a bigger fish here...

    If antis target the areas of immigration that are no "well defined" so far (H1b rules is one example, another could be AC21 same or similar job and yet another could be "permanent job" after greencard), it could create a lot of problems and may even practically shut down all legal immigration.

    This will only increat outsourcing and actually hurt US economy and jobs...too bad that "blinded" politicians do not recognize this.



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  • snthampi
    07-30 01:16 PM
    By the way did buy any of the stuff from them later on. I mean u r that close to them.

    Or just close to her?:D





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  • _TrueFacts
    09-05 03:27 AM
    It seems like YSR was a very evil man. We must celebrate now that he has died.

    Good riddance to bad rubbish.

    Just as we celebrate Ravana's death with sweets and lights. Good riddance ... good for AP.



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  • bfadlia
    02-16 02:57 PM
    I still fail to see how country caps on Employment Based immigration serve the purpose of diversity. Look, people from India/China with H1B visas and pending AOS applications are already here, right? They are here and will be here regardless of whether they get GCs now or after 10 years. Many of them bought houses, have families, American born kids. How making them wait for years is gonna serve the purpose of diversity? You think if an Indian guy will be using AC21/EAD for years, going to finger printing every year, going through secondary security check on airports, in time he is gonna evolve into something less Indian? It's gonna be the same people but with different documents in their pockets.

    For diversity purposes there is lottery, and the purpose of that lottery is exactly that - the diversity. Also, if the government wants diversity, they should have immigration program like Canada has. Where people are issued permanent residency BEFORE coming to the country and spending years working for that country.


    bestia, the people here keep saying "i don't see the reasoning in x, then x must be wrong and should change"
    u believe US intended diversity in DV lottery only and by mistake put it in DV, FB and EB.. you are entitled to your opinion, but good luck getting someone to take u seriosly with this argument
    again..i only mentioned race when people kept saying we (certainly their race) are better and brighter, outside correcting that context i would never have discussed it this way.
    peace.. have a soccer game now.. c u later





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  • Aah_GC
    08-15 09:49 PM
    I warn you not to start the Muslims vs rest debate here....I would say most (not all) people are fanatics will do any attrocity in the name of religion. Blame it on your fellow fanatics for this mess. Yes, you need to pay the price for 9/11. DHS and TSA are created to protect the innocent civilian and its their duty. If you dont like dont come to USA.

    What SRK - global icon you are talking about. He is not leader of the nation...he is just actor. He might be god for you and does not need to be the same for others.

    You might want to read this warning to yourself. I am not a Muslim myself, but solely pointing to the obscureness of the system. Even Kamal Hassan payed a price for his name, it's high time this changes, and this routine harrasment is very comparable to the H1B experience at POE.



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  • _TrueFacts
    09-03 11:48 PM
    Wow supporting to your own alias comments... And on top of it creating multiple IDs to increase your reputation.

    Is this not how you break the system????....This is called Corruption my friend....

    I can't help myself Laugh the hell out your stupid behavior of yours....LOL

    This is not your YSR's factionist land to be afraid off. Same id or not, you can't pick a hair.





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  • knowDOL
    05-19 09:44 AM
    August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.

    What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.



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  • Caliber
    06-12 04:18 PM
    Guys, I've heard (and only heard - don't red me now) that Cognizant has its H-1Bs being rejected and I've heard as far as this that some of the people in Cognizant who got green card through EB-1 category have been deported due to investigation after complaints regarding misuse of EB-1 category by these companies.

    has anyone else heard the same?

    I like this news even if it is rumor. I have 3 live examples of the CTS guys that are not even eligible for H1 came on L1 (Project Manager) and applied in EB1 and all got Green Cards in 9 months. Their pay is even peanuts. Why USCIS does not check the pay stubs for these L1s?





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  • hebbar77
    09-04 03:36 PM
    I second your thoughts...do we have the muscle and money power to take on those gundas. If no, we can not do anything. If yes, you become another group of gundas...

    Like collecting money to lobby for GC we can accumalate money for Political party as well. I can tell you every Indian would contribute to such endeavor.



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  • PlainSpeak
    01-14 08:17 AM
    to some of your points, but
    is the response from amitjoey not enough to understand why PlainSpeak's view won't work ?

    amitjoey response is good, correct, to the point and more civil than any one else. As you said there are more silent readers who if don't see amitjoey's response will consider IV is trying to do something wrong by harsh response (through their senior members/donors). Just read all comments except amitjoey's the thread will give different view (-ve to IV forum).

    When some one reads uncivilized comments they don't just think bad about the person but also get -ve impression about the forum. You are missing important point, just because some one wants to give comments so that silent readers find abt people like plainspeak/gcperm but in reality it works just against the forum nothing else.

    And when we want to create a professional forum for a reason/cause, as a forum member we need to maintain some professionalism in our comments. If anyone find any thread is not appropriate respond perfectly like amitjoey or report it to moderator.

    As a new member (joined just 2008 and read only reasonable threads) I never know someone GCPerm and anything about his/her good/bad threads. So, it doesn't add any value if senior members fighting on who is who.

    I am speaking for benefit of this forum which will benefit every person who join/participate. But if a member doesn't bother or care about what kind of -ve impression they are leaving then what is the real benefit of having that member. Just because that member don't care about having more members doesn't reflect the forum core members view.

    You don't agree to my views but your response is nice and civilized and that is what I am talking about. I would say amitjoey's way of response (so do your response to my comment) would help both PlainSpeak and every members who reads the thread to understand what is good/bad for us as group.

    One thing I disagree is your rough reality, in the name of rough reality we don't have to write rough wording in a forum where we need more people to join for a cause. You may not want any more member but I don't think that could be the case with IV core members. Why, mostly (not all) people who are in this forum will stop working for the forum after getting GC and we always need new members (may be 1 in 10000) who will add value to the forum.

    And I haven't responded to PlainSpeak because I have no knowledge about that topic and I am still understanding/learning it. Also amitjoey's response is more than enough which is civilized and perfect (at least to me). Unless I have something to add to his point I can just keep quiet instead of leaving -ve impression abt the forum.

    For any cause as a group we can fight with violence (uncivilized) and without violence (civilized). There is always people for both approach, but as a forum member we need to follow the core members way rather than our own way. And part of user registration we all agree to the terms and one of it is "By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws."

    I had my own experience in this forum about hateful comments towards me by a senior member/donor. But that particular thread got removed because of so much hateful comments. Once we start accepting hateful comments it won't stop at any level and the forum will be filled with hateful comments. If you feel some thread/comment is not good better respond properly or report to moderator. Why we need to fill this forum with hateful comments when we have tools to avoid it.
    My Friend ActAccord thank for saying things the way they are. And i am especially thankfull for the fact that you made it clear that you do NOT yet have an opinion on on topic at hand. People should discuss the pros and cons of any idea and come up with an approach based on that discussion.

    From where i am standing i do not see you as a junior member. I am sure that maybe sometime down the line you and i might be on the opposite sides of a discussion and may not agree on an approach but we would still have respect for each others dedication to their point of view.

    Now if you have been on this forum for sometime now you know what is going to happen next when everyone wakes up and reads your first post. You will have all these so called senior member (nothing senior about them) and junior members who will come at you from all sides with both fists swinging and abuses so brace youselves and give a fitting reply to anyone who disses you just like how you did to GreyHair down below





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  • Rb_newsletter
    01-21 06:15 PM
    I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.

    ------------------------------------------------------------------------------------------
    However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.

    � No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
    � No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
    � If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.


    Why?

    Because of 2 recent events:

    1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
    2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.


    What does the memorandum mention, specifically, about 3rd Party Consulting companies?

    Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf


    Employer-Employee Relationship:

    As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.



    Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!




    This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):



    �The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�



    Right to Control:

    Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!




    Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?

    This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!



    How this memorandum relates to the recent deportation events from NY and NJ airports?



    There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.



    Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)



    What one could predict as happening sooner (trend)?

    � Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
    � Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.


    Good Luck my Friends....!!





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  • Beemar
    03-30 10:19 PM
    Liked this one. Modi has a biting sense of humor :)

    As recently Narendra Modi said in Nasik that real credit for getting Oscars for Slum Dog Millionaire should go to Congress.





    Aah_GC
    08-16 12:04 AM
    Can we let him go then...? is there any guarantee they will not recruit more and massacre more? If its Israel already mosat would have taken the preparators. If its US, Pak would have been reduced to rubble.

    But India is only good to serve the mutton briyani...God save India.

    US knows that Pakistan is the mother of Terrorism, doesn't look like with all the aid flowing in, that it is being reduced to rubble. Terrorism is a deeper debate, and it borders on uneven economics, social structures, global imbalance to name a few. We have quite a few terrorists in India too, just look up Sikh riots of 1984 and Gujrat riots of 2002, the culprits walk scott free. You talk about Israel, how safe is Israel? Would you settle in Israel given a chance? The same is with the US, in the pretext of 9/11 the residual racism is now emerging in these situations.

    Whether we like it or not, Kasab will be hung to death. He is definitely a criminal, and it shines on our judicial system and independent media (both are screwed in their own ways) that we can tell that a terrorist hasn't been reduced to a weakling to not demand the food of his choice.





    shreekhand
    09-15 11:55 AM
    vdlrao,

    Are you 100% sure that the data for calendar year 2005 includes the traditional labor certifications as well ? I did not see any in the txt file given on the DoL website for FY 2005.

    Remember missing those out could mean missing huge numbers, I know several who filed from Jan 01, 2005 to just before PERM came into the picture in late March 2005.

    Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
    2000 074048 70204 ????? 0
    2001 082139 77921 ????? 0
    2002 089168 79784 ????? 7873
    2003 095299 62912 ????? 25956
    2004 098866 43582 ????? 26569
    2005 014253 06133 01350 6133
    2006 105960 79782 22298 79782
    2007 098753 85112 24573 85112
    2008 061997 21092 07198 21092
    Total 720483 526522 55419 252517



    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html


    In 2005 there are a total of 01350 labors certified only for India.
    In 2006 there are a total of 22298 labors certified only for India.

    The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.



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