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  • PlainSpeak
    03-24 10:37 AM
    ^^^





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  • ragz4u
    10-24 12:52 PM
    I was under the impression that only an 'approved' labor can be substituted. I recently had a conversation with a friend whose company attorney had told him that even unapproved labors stuck in the Backlog center can be substituted.

    I am pretty confident that this is another case of an unethical, not-well-versed lawyer wishing to make a quick buck, but can someone please enlighten me if I am wrong?





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  • redcard
    02-19 04:22 PM
    Even US Ph D does not mean EB1. I know top 60 Schools in which fresh Ph D's (for Asst Prof) apply for EB2.

    I don't know if any US MS will go through EB1.

    What you are talking here is the Eb1-EA category.. and not the general EB1 category..

    The EB1 Category is primarily meant for inter company transfers. Most of the people who qualify to get GC under this category come to US through the inter company transfer route and are primarily on L1-A work visa. Folks under L1-A do not require a labor certification and directly file I-140 /485 unlike people who come on L1-b visa which is also inter company transfer and requires a person to file a labor certification in US and then file GC under Eb2 or Eb3 as the case may be.

    It�s surprising that Eb1 is current for India. Going by the facts.. the top 3 IT companies had shipped most of their project folks infact every other person to US under L1-A in the last few years when H1-b was under scrutiny for these companies. Most of these people who came under L1-A should have applied for GC under Eb1 which should have retrogressed the dates for EB1 also. The only logical reason for this that these companies are being very selective in doing GC now unlike in the past when a lot of people had got GC under this category.. and the date for EB1 for India had retrogressed in beginning of 2006..

    That apart the other reason why this category is current is that most of the staffing companies aka.. body shoppers cannot use this route to get people to US.. because they need to have full-fledged profitable operations overseas�. and the person being sponsored should have atleast worked for 365 days outside US for the company. The consulates do a complete check before giving an authorization under L1-A or L1-B category..





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  • gc_chahiye
    06-28 04:54 PM
    Not sure if this has already been posted, if so, pls accept my apologies.

    http://www.murthy.com/rumor.html

    Rumor : If the USCIS receives too many I-485 Adjustment of Status applications during the month of July 2007, there will be a lottery to decide whose applications will be accepted for processing. This could happen because almost all EB categories became "current" for the month of July 2007. Posted Jun 20, 2007

    Clarification : There is no lottery expected for the I-485 cases filed in July 2007. This rumor seems to have originated based on the recent crisis with cap-subject H1B petitions. In that case, the USCIS received more than the annual quota of H1B petitions on the first day of filing for Fiscal Year 2008, which begins October 1, 2007. Therefore, the USCIS accepted cases for processing based on a computer-generated, random selection. The system of H1B cap numbers and the EB visa number limits operate differently.

    this is different. We know there is no lottery and that USCIS wont stop accepting applications if they receive too many of them. The problem is if they APPROVE enough of what they already have in the backlogs that teh visa numbers are gone.



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  • bestia
    02-16 02:32 PM
    dear Bestia, I don't recall anyone calling the situation you described racism. I for one said it's human nature's favorism and, like it or not, it does jeopordize diversity, so you will have a hard time convincing US to let go something it wants for the sake of something else just because it's better for you.

    ...

    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.





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  • snathan
    08-16 11:35 AM
    simply racial profiling.

    i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".

    When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?

    To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.

    In the end its the color.. do you know beta.

    for the record.i am no SRK fan.

    Mamooty.. who is he?


    Is it their miskate... Indian politician and police are so corrupt and do not have balls to do that.

    No one cares Mammoty...but he is muslim and when he was frisked no one was erupting. Why only for SRK...? Doesnt it show the real picture...? When going for stamping how many hours people are wiating in line. If he is waiting for 2 hours in line whats the big deal. He is not Abdul Kalam to be supported. He was a noble person and Former Head of State. He himself is going through the security check that too in india. He did not even speak a word about that issue. But this moron SRK saying 'Doesnt feel like steping on american soil again'. I bet $10000 if he is not steping on american soil again.



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  • garybanz
    12-13 04:28 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.





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  • Honda
    02-12 11:57 AM
    huge move for EB3 ROw. it was expected I think.

    01AUG01



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  • mariusp
    03-28 12:52 PM
    Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm

    I spoke to two immigration attorneys about how this may affect pending I-140 cases with the USCIS and this is the reply I received:

    Response 1:

    I am aware of the proposed rule (and the DOL link you sent me). But this applies only to pending labor certification applications and to approved labor certification applications not yet filed with USCIS. Neither one of these situations applies in your case. Of course the elimination of substitution is a proposed rule only and no one can tell exactly if and when and how the final rule will come out.


    Response 2:

    Highly unlikely that this change would affect a case that was already filed.


    Just to be safe I will request to convert to PP.





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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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  • michellezbb
    07-03 06:37 PM
    please at least send out to your state's senator.

    http://www.senate.gov/general/contact_information/senators_cfm.cfm





    Dear Mr. Senator,

    My name is xxx, and I’m working as an xx in xx,xx.

    I am sending this letter in strong protest of the outrageous bait-and-switch melodrama that the US Department of State and the United States Citizenship and Immigration Services (USCIS) have put on recently. Specifically, on June 13, 2007, the State Department announced that people seeking permanent residence based on employment would be allowed to proceed to file their applications starting on July 2, 2007

    As a result, I took immediate action, spending a huge amount of time and effort preparing all the required documents and having them sent out to my attorney ASAP. However, on the very morning of July 2, the US Department of State announced that they just changed their mind and decided to reject all applications. This is such a ridiculous hoax, and it’s particularly shocking when you realize that such nonsensical and willy-nilly decisions came from the US Department of State!

    As a hard-working student, I got my graduate education in this great country and was fortunate enough to get a job upon graduation. As a law-abiding individual, I have been waiting patiently in line for years to file my application for permanent residence. Yet what I’ve just seen and experienced is more than disappointing not only to me, but to thousands upon thousands of legal immigrants just like me who have struggled so hard to deal with all kinds of difficulties for years and have been doing it the right way.

    I have below questions needed to be clarified:

    1. How many applications have USCIS received during the period 6/14/2007 through 6/30/2007? This number is critical because apparently this number has changed the US Department of State’s opinion about the visa availability from available to unavailable in 15 days. And a more interesting question is that is this number predictable? In another word, did the US Department of US take this number in consideration when they determine that the visa will be available to all employment-based immigrants on June 13, 2007?

    2. The announcement of the revised July visa availability was made in the earlier morning of July 2, 2007. Apparently, the decision was made before but not in the morning of July 2, 2007. Then, why didn’t the US Department of State release the news as soon as the decision was made in a good faith effort to inform all potential applicants at the first time? It should be anticipated that a lot of applicants would their application at the very beginning of the month. As you can imagine, all those effort are just wasted. And the worst of all is the feeling of being cheated and being fooled around.

    3. My application was prepared to send to USCIS on July based on the best information available at that point of time. However, the application will be rejected/returned in accordance with the sudden announcement made in the morning of 7/2/2007. Does the US Department of State have the legal right to revise the cut-off date without going through certain procedures? Can we still trust and rely on the visa bulletin issued by the US Department of State to prepare our change of status application in the future?

    Again, this is such a ridiculous hoax and it’s hard to believe the US Department of State just ate its own word like that. That is why I would like to take the liberty of writing to you about my outrage. I sincerely hope that you can take some precious time looking into this, and also at the current immigration system, which I believe is seriously flawed and patently unfair.



    Thanks and best regards,


    xx





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  • gc_chahiye
    06-27 10:42 PM
    Are you sure about 80000 PERM?

    I recall seeing somewhere that for the entire 2006, there were about 6000 PERMs.

    nope, that might have been the number for 2005. For the bulk of 2005 (Perm started from April) there were very few approvals, then a big bunch in the last 2 months. 2006 had a 'healthy' rate of approvals...



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  • gimmeacard
    07-22 06:17 PM
    lately i have been observing the # of folks is reducing for Amway/Q, maybe newbies are not coming to the country in chunks now.

    offtopic ques :

    i am surprised i havent said anything negative about anyone yet i see RED DOTS, whats the purpose of having a rating stated with, did u find the post useful?
    maybe u didnt, but then why rate it negative? is this again few/limited desi behaviour or maybe some annoyed quiksters doing that





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  • vagish
    05-09 09:46 PM
    Did you get a job in US before you came to US. Most probably not.
    There are a lot of people who come to US blindly like students or consultants. They also landed up jobs (doing what they were meant for and not as cabbies or as janitors) and built careers.

    There are no or few body shoppers in canada because there are only a few shops :-D

    For the majority this is true in US. This is what land of opportunity means.
    It might be true for a few cases in Canada but for the majority it is false advertisement. Canada is not a land of opportunity. This is not a few of those who have been burnt talking. Try getting a job in Canada. Look at the salaries for yourselves.

    Folks am again telling this for your own benefit only. I have nothing to gain. I was not wise to do that. So thought I would guide the poor wandering souls here. Dont waste your dollars in Canada PR when you have US GC pending. It will do you no good.

    I wont post on this thread again :)

    ---DISCLAIMER: ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---

    I disagree, I have friends who are DBA's ( oracle and DB2 ) , I know he has been working for $85/hr in canada from the past five years, there are lots of insurance , financial bank in canada, and also for SAP consultants there are excellent oppurtunities in alberta ( HUB OF OIL COMPANIES ) , I know lots of people are driveing TAXI but some body with experience should not find it immposible. Another friend of mine from INDIA landed directly in toronto, with only 2 years experience in .NET , with in four months he got a job.

    So again if you do ur homework, you can settle down with ease in canada.

    thanks



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  • sumagiri
    09-28 11:04 AM
    I don't think in any year EB2ROW has got 40K GC in the past, even when the economy was in good shape.

    Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.

    The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.

    Sachug22, that is very good info. Thanks for posting this and giving you green.

    A minor correction though.
    I read some where that the avg PERM time is now 9 months. Also, we know that the average time for GC processing (getting receipts, appointment for finger prints, name check etc) is about 3 months. And then sure there is time lag for any one between PERM and I-140/I-485. So we should exclude the PERMS filed in last quarter because by the time, those are eligible for AOS adjudication, most probably they fall in to yr 2011.





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  • mxh72c
    07-16 09:58 PM
    Does anybody know how many EB2-I and EB2-ROW PERMs were processed for 2006, 2007 and 2008? Once we know these numbers it will be easy to predict EB2-I movement as all of the spillover numbers will be used primarily by EB2 India.



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  • gc4me
    07-16 02:05 PM
    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.



    Hello,
    My labor is approved in August 2007 and I have approved I140.It is likely that my company might declare chapter 11(bankrupt).I have not yet filed my I1485 yet as dates are not current for my PD.

    My question is can I port my I140 to a different company B and extend my H1 based on the approved I140 from company A.
    If yes, What documents do I need from company A to get this done.There were some posts which said I cannot port without having my 485 filed and pending approval for 180 days.is this true?
    Can someone provide some suggestion what would be good approach.





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  • eb3retro
    07-22 09:12 AM
    not really..i think we want to give a benefit of doubt to the amway person not to do this and lose our friendship (esp when close friends do this to you). We know how to be tough. Been there done that. I came to a conclusion that people who cannot understand the value of friendship can never be true friends. Esp when my close friend spoiled his friendship with me due to amway.

    We desis are too polite and can't say NO easily like others. I have learnt to say NO in the US now, makes my life much easier....be nice and say no politely.





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  • Lasantha
    02-12 02:08 PM
    Yeah, Tell me about it!!!

    Just two more months and mine would have been current!!!!

    correction: EB3 ROW = 01JAN05 !!!!!!!!!!!!!

    OMG!!!

    Just 1.25 more year and I would have been current! Damn!!!!





    lazycis
    02-13 11:26 AM
    Ok - so what is it going to cost us to get a consult with Rajiv Khanna? Anyone know this? Until we have more details on this, I commit $25 for this first consultation. (I will gladly raise the commitment once I know how much this will cost and if IV Core Members support this initiative).

    Rajiv S. Khanna: $660/hour
    Attorneys: $320/hour

    http://www.immigration.com/ourservice/hourly_charges.html





    gc28262
    01-24 01:34 PM
    Kindly visit this forum
    USCIS new memo on Employer-Employee relationship - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=1181028202&p=2)
    and see yourself how people differ on this memo. It seems so many people are happy about this memo for the following reason:
    1. They are not affected by this memo ( for sure ).
    2. They are fed up with Body Shoppers.

    You can not ask them to change as they have their own take on this memo.
    Personally after reading so many scenarios I don't support this memo.

    If you see JoeF in that thread, he is more of an anti-immigrant. There are many in our community who are happy at the plight of their fellow countrymen. That is no reason that people should support this non-sense memo.

    In IV, members are more knowledgeable than those on that particular thread from Murthy forum. People are so ignorant that they are agreeing to whatever that JoeF( anti ) is saying. IV members are much smarter than that.



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