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  • This only proves that this is an important immigrant issue. Pappu should help educate every one.

    Hi TravInd
    keep going on man
    you are the Pappu of this Thread





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  • Tikka,

    Done as requested. I want to understand how this works - what will happen if we have a large number of people dig it?
    Thanks

    Ams

    the more we digg the more popular a story gets and will receive media attention... we already have stories on
    ny times
    forbes
    see media thread for more info....

    Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.





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  • Hello Friends and my fellow GC awaiters..
    I have my labor pending for the past 3 yrs (my PD is Aug 2003) and have been waiting for ever. Inspite having a Master's I did filee in EB3 just because I work for a large company which does not allow to file in EB2.

    Anyways, I came across a company who said that they have a pre approved labor (late 2002) priority date. Is it wise to go for it or wait for something in EB category to move ahead?. I have at least 1 yr 3 months on H1 and will not have any other options except to stay in the company after 3 months.
    Is it worth taking the risk and go with the labor substitution?
    The second question/advice I'd like from you is:
    If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
    Pls let me know your opinion.
    Thx a lot guys.

    Hope is a good thing, maybe the best of things. And no good thing ever dies
    1MoreDesi !
    I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........





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  • It has been repeated 'Ad Nauseam' times. IVs agenda includes all of these -

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

    IV understands that removing just the country quota will impact ROW badly if visa numbers are not increased in tandem. Hence you always see the three points being proposed together. These 3 have to go together. A compromise between ROW and oversubscribed countries.

    But some ROW members keep trying to split the movement by opposing removal of country quotas ( which is point 2 in IV agenda) at every possible opportunity. Real way to build a coalition is through compromise. And in a compromise you can't get all you want. Don't expect the majority to heed all your demands.

    Be a little appreciative of the sufferings of others. 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?

    Don't BS on 'diversity'. There is already a 'diversity visa' which Indians & Chinese cannot use. Want to come under diversity? Apply in the lottery. Be a little humane and think about the suffering of others. May be you'll see the light. You are not going to win many friends by alleging "an agenda by some country". It's preposturous, laughable and Dobbsian ( like Lou Dobbs alleged "invasion by Mexicans")

    I don't think removing the per country cap will solve the problem. It will balance retrogression by giving each country equal share of misery while the visa number allocation per year stays the same. It also requires changes in the statute which is almost impossible to happen because the legislators, either Dem. or GOP, will not agree to removing the cap. So let's be realistic.

    The best solution is to recapture unused visas from previous years and increase the quota per year.





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  • What happens to them?





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  • As JSB pointed out what you are asking already exists with an EAD, 180 days after filing 485 you can leave your current employer and join a new company as long as it is a same\semilar job. The problem with this same or semilar job is it is a ticking time bomb, the day USCIS decides to go after EAD they can have a restrictive interpretation of same and semilar job and deny your 485 or they can keep sending you employment verification letter rfe every couple of months. I am not being paranioid, for example even though AC 21 clearly states that once 180 days have passed since the 485 has been applied, the employee can join a new job and even if the previous employer has revoked the approved 140 it should not effect the 485 petition, but USCIS is not following this law and blindly sending 485 denial notices to applicants whose approved i140 was revoked by previous employer. Who knows what sort of abuse will USCIS resort to in the future against EAD.

    To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.

    Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.





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  • You are theorizing based on circumstantial evidence, but the history and origin of the country quota does not support your conclusion. The fact that the DOL and UCCIS would not be able to keep abreast of illegal behavior is not something that would have been known at the time the country quota was introduced.

    The other issue with your theory is that the abuse you are referring has its roots in the fact that the employer controls the green card process not the country quota. If I really want to abuse the country quota I would change my name and get a fake SSN / green card and wait for the periodic legalization initiatives or even simpler, get a birth certificate from the right country.


    Brother; I am also an immigrant. At high levels; I think there should be no quota on employment base.

    The purpose of EB is supposed to be to match an employer with a foreign worker because there is no willing and able American to do the job. Either a company needs a foreigner or they don't. They can't wait for years upon years because of a quota system. I look at sports as an example. In sports there is no quota that only a certain amount of foreigners can play baseball, football, etc. However, other sports leagues around the world (canadian football, european hockey, japanese baseball) have an import quota. However, the best sports leagues are right here in American because they want the best players. American soccer hasn't taken off because the best players aren't here; they are in europe.

    Any reasonable American, politician would agree that if an american can't be found then they should be able to hire the foreigner with the least amount of interruption in their business. At high level and without any prejudice people would come to this conclusion.

    However; we need to understand why is there a quota first of all; and then second why is there a country quota. I've almost come to the conclusion that EB immigration is just an accomodation to get a certain number of people into USA. If it truly was to attract the best/brightest then immigration would be much different. It looks like the answer is easy in my mind; no quota of any sort.

    When talking to politicians, newspapers; maybe one would lose credibility when they would say there shouldn't be a quota. However, how do you come up with a quota of 300,000 verus 200,000 or 500,000. I don't know how one would talk to a politician and tell them to increase the quota and then come up with a number and then explain why it should be that number. A company either needs you or they don't; plain and simple.

    I talk to a lot of people and a lot of different attornies and get involved in all sorts of discussions. There is a thread today asking that a person has gotten greencard but is married to a lady in India. She has a three year B.Sc and 3 years of experience and they want to know if she can come here on H-1b. Reason why this is being asked is because if the greencard holder sponsors her then it will take five years. So what is the easy way; bring her here on H-1b and then go the employment route. I can't even begin to tell you how many times this situation has come up off-line where a person got greencard real fast but never thought of the marriage angle and then they try to go this route.





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  • Seems like the spill-overs happen at the end of the year which helps dates for India to advance.

    Has the process changed to where the spill-over is calculated and issued every quarter? If not, this could be a possible administrative change that can be proposed by IV.

    For FY2010 there are very less GC applications filed by ROW & EB1 due to bad economy. If USCIS waits till last quarter then they wont have much visa usage during previous quarters. So it makes sense for USCIS to allocate spill over numbers on a per quarter basis. We never know how it works





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  • US Govt should realize the contribution of these high tech talented legal immigrants (gooses of golden eggs (http://en.wikipedia.org/wiki/The_Goose_that_Laid_the_Golden_Eggs)). I sent to HDTV and also to all of those given contacts ( contacts (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw))

    Please keep trying to help the govt by sending to all of those contacts and also media channels.

    God should help us and also this country.





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  • Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".

    I have been asking this question for the past 1 year. I was always told that USCIS can not retrogress mid-month.

    My guess is that USCIS told the lawyers that they will not retrogress mid month. Now USCIS is flip-flopping. That is why AILA wants to sue USCIS which probably means nothing: USCIS has lot of lawsuits!





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  • He is a religious fanatic. Nothing to do with corruption. PERIOD.

    Yup, it is a religious fanatic. Also it must be an insider.
    I am still wondering how the full name of "Jayapaul Reddy Vadicherla" is known.
    One thing is that the Vadicherla is a Donor and must have given all his details while donating. The insider have access to this information and posted it.

    _TrueFact, can you post my full name?





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  • And don't forget 9month maternity leaves, and if you're unemployed, you still get healthcare, and the generally better public education, not to mention generally cheaper and excellent post-secondary education....

    Every time I hear "Canadian taxes are so much higher", I respond back with "really ? how much are you paying a month for health insurance?". I suggest a typical breadwinner with spouse + 2 dependents is probably paying $500 / mo + in health insurance premiums. Add that $6K / yr to your US tax bill, then compare it to your Canadian tax bill. ;)

    - GS





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  • By the way Mccaid, next time someone from Indonesia experiences such an issue please also make a thread here and whine about it like we did. Atleast that will make us Indians realize that SRK BS is really BS!!! because we will have no idea about the person who you will be whining about and there will be a lot of indians who will shout at you saying "why is this thread even on IV???? who is this person that Mccaid is whining about???This thing happened to even the great SRK so why this whining???:D:D:D
    If this happened to our prime minister Manmohan singh, I belive he would have just laughed. He would not have said "I am MM singh". The bottom line is there are certain rules and regulations and everybody (including SRK) is subject to them. Next time SRK travels he should consider carrying all the CDs of his movies with him to prove his "greatness".





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  • We should follow up on this. US Economy really can take advantage of our buying power. If they give us GC, people will start buying and stop sending their savings to off-shore. Also, buying each house comes with at least 50K other expenses (remodelling, furniture etc) and that will also help the economy.

    IV should follow up on this topic with Lawmaker and see if they can understand the logic here.

    I can't concur with you less, we need to send this message to American people, also immigrants in this country are the ones, who start maximum numbr of small businesses, more number of borrowing of laons from banks etc

    Lets make something happen,





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  • People can loose a lot of money in this "business"... 20K in 4 years is petty... literally.

    Once you achieve some level in this business, your "uplines" start pestering you to do 300PV every month instead of 100PV. Each PV is about $2.50 + tax + Shipping so 300PV = $800 a month. Most of this $800 stuff is at least with 300% markup and many of the things that we didn't need. So even if we take $200 as waste out of $800, in 4 years, I lost $200x12x4 = $9,600

    Now, off course no one puts a gun to your head to buy 300PV but the pressure is nothing less than that. Its very hard to explain just like hard to explain the Niagara Falls experience (this example I have used many times while contacting people).



    ..

    Thanks EbiZash for explaining the details, i hear your pain, i would had jumped off the bridge after i failed in 3 months, no matter how much pressure, i would save my shirt first.

    Its time you start hearing to your wife. i lost a good fortune in stocks too, so i am no avatar here :-)





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  • Kitty Eisele

    keisele@npr.org





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  • There is no doubt Everyone knows that H1b and GC laws are crazy. For that we need to fight to change the law but should not encourage to violate the law. If USCIS violates law lawsuit should be filed. That is the rightway.
    Isn't that the point what all anti-consulting folks are making here ? They want all existing laws (plus all laws they themselves created to satisfy their sadistic self) to be strictly followed. If that is the case snram4's relative should have been deported.

    What many do not understand is H1B laws are insane and irrational. Many from our country doesn't have the guts to fight crazy laws. All they are good at is screwing their own fellow country men out of jealousy or selfishness.

    Do all these folks follow law judiciously in their life ? I don't think so. Some of the folks here acting like bhagat singh came to this stage of life climbing over loads of corruption.





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  • Dear sir/Madam
    This is my Question for traveling with advance parole.
    1. came to usa 1999 as b1 visa with my wife.
    2. change f1 student (my wife ) me f2 student depend after 4 months.
    3. apply for I-485 employment i am principle applicant july 2nd 2007 riceive date and notice date is august 24th 2007 .
    4. my wife apply i-824 july 2nd 2007 and she left usa july 14th 2007.
    5. i got Ead and advance parole august 30th 2007.
    6. i have not started work yet.
    7. i had apply for f1 student visa (change of status f2 to f1) july 15th 2007 but denied.

    so my question is my I-94 is f2 until d/s is no longer valied or not?
    because my wife left uSA after filling my I 485 , is there is any problem travelling with advance parole?
    my student change of status is denied so there is any problem to traval with advance parole?
    i have not started work yet so there is any problem travelling with advance parole?

    i will be really appreciated your kind answer please.





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  • ...





    Hello all,
    Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
    Substitution ban rule got clearance from OMB
    AGENCY: DOL-ETA RIN: 1205-AB42
    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
    STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
    RECEIVED DATE: 01/26/2007 LEGAL DEADLINE: None
    ** COMPLETED: 04/27/2007 COMPLETED ACTION: Consistent with Change

    Check http://www.reginfo.gov/public/do/eoPackageMain





    How much are you paying to get the pre-approved labor? The law to ban it is coming soon. So you may have to do it fast.

    Thats true. By the way, I saw Janak saying somewhere that labor substituion should be banned. Its nice to see that he changed his mind. Of course I do believe that it should not be misused, sometimes it saves your life here which is more important if you are with family and trying to settle down here.

    Anyway, before OMB approved substitution ban, file ASAP.



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