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  • I completely agree that Substitute labor is being used is the wrong sense. My husband is now in his 7th year of H1B and I am still on H4.

    At the same time our friend who came in 2005 to USA through an Indian company joined Rapidigm in 2005, received a 1999 priority date Labor and received his Green card (& for his wife too) in 8 months time.

    This iextremely unfair means of acquiring GC and should be blocked legally.Meanwhile Rapidigm has been acquired by Fujitsu .

    simple question, given an opportunity, where someone offer you sub labour with PD prior to 2001 does any one here reject the offer, this is a classic story of "ship of crabs from ...."

    we have much bigger fish to fry than worry about few smart crabs getting out of ship.

    sub labour is not illegal nor it is a loop hole, itz a simple deal between employer and employee for their own benifit.

    letz focus our effort on making new congresss and senate understand our situation and provide some relife thru bills such as SKILL.





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  • :confused:I apologize for my ignorance but
    what is ROW ??





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  • Are you wearing INDIAN TIE (Langota OR Kovanam or kaupeenam) only in office ???

    Are you milking every day?

    Mr.Nair tell me is it Gulf or Gelf. Do you still wear lunky in office or smoke peedi...enda peedi malabar pedi, enda CM EK nayar...he he :D

    If its GOD own country...what are you doing there. Are you renting it mr.Nair

    by the way how is omana kutty.





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  • Since you dont have your GC details filled in your profile, I would assume your interest in this website is not related to immigration.
    ...
    If what I think you are is what you are, then its people like you who are responsible for the rise of these kind of politicians.

    gimme_GC2006,

    My interest leads me into this forum and my immigration is directly related to my country India.

    Do you agree that YSR was a gunda, a land grabber, political killer who amassed huge amounts of illegal wealth and land, never ever seen in the history of AP? You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it’s appropriate.

    If not give me reasons to say why he is not so. I never said in my posts that I am for TDP. This has become very famous excuse to put up saying that the other person/party is also involved in corruption.

    I am for corruption free India where politicians do not get involved in radical politics.

    I am providing you with numerous links to prove my point.





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  • Any other way you can get in touch with her... phone??


    Wrote to Jennifer Ludden at NPR who regularly reports on immigration
    email addresses are first name initial followed by lastname at npr dot org, if you would like to write





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  • I got the below numbers from the PERM FDLC site.
    2005 India 1353
    2006 India 3888
    2007 India 60
    2008 India 10

    Total 5311
    5311 for both EB1-5 : So taking 50% for EB2I - 2655
    GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)

    What are the hopes for individuals who missed Jul 07. In my case my labor got approved in Oct 07 and we are still waiting for the date to be current to be able to file for EAD / AP. Based on the figures that you show, I believe that all 2006 people should get cleared in the coming year and the traffic for 2007 & 2008 is quite less. What are the predictions for the PD movement till year end?





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  • Thank You very much for the reply. As I mentioned in my previous post I have a (EB2) I-140 from TSC for which I got the approval email from CRIS in May 2007. I have the Receipt Notice for this I-140. I do not have the Approval Notice for this I-140. On the Receipt Notice the Beneficiary name is my name and the Petitioner name is my company name. I called TSC and to my surprise they have a different Beneficiary and Petitioner name on the Approval Notice. My attorney even called and he too was surprised by what the IO told him. My attorney/company HR never received any Approval Notice so we were not aware of this till now. Can you please give me any insights as to how this could happen and also what I can do to get this resolved from USCIS. Any help will be appreciated. Thanks.





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  • Hello,

    I have filled I-140 in last week of March 2008. My priority date(the day I file labor) is 15-Sep-2007. My labor got approved.

    My I-140 is under EB2 India.

    Today I checked status of my I-140 on https://egov.uscis.gov/cris/caseStatusSearchDisplay.do

    It says :

    Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

    On July 25, 2008, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.

    How much serious this is?? it says "REQUEST FOR INITIAL EVIDENCE SENT"

    I am waiting for RFI/RFE details as USCIS mailed it on July, 25 2008.

    Is there any difference between "REQUEST FOR INITIAL EVIDENCE SENT" and "REQUEST FOR EVIDENCE(ADDITIONAL)"?

    Is this means that they are processing my case?? Once I will give response to this RFE & they find everything fine than they will approve it(Hopefully) !!!!!!!

    I will really appreciate your response.

    Please reply me ASAP.

    Thanks.

    Relax and send all the documents requested by the USCIS. They might ask you for additional documents later based on what they receive from you or may approve your case.





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  • To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.

    Dear Dilip,
    Thank you for your kind words and analysis. But I am sure you will agree to the fact that bad apples are everywhere. You were qualified - good for you! Unfortunately, we are sailing in a boat that has good and not so good people. I can quote examples where I have not only come across dishonest indians but dishonest people from every nationalitly that you know of. I have been in the field for over 13 years (not a techie) and believe me my job puts me infront of all kinds of people. Now coming to the point - we are all here to find a solution to a bigger problem - retrogression and mr. op's decree that we will have to wait for decades before we can see that 485 approval. Well, I disagree and have a gut feeling that something is wrong somewhere. Its not a clear picture. I am optimistic about the fact that if we wish, we can still have people in the government at least look at our case. There is a lot of work to be done and we need help from people like you in doing so. We need intelligent people like you to advice, suggest and generate optimism and not derail us by letting us know that Indians are dishonest, not qualified etc. We all already know that!

    That does not serve our purpose to be here. Thank you for reading my posting.





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  • Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.

    How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?

    I understand how the current system prevents people of one nationality obtaining all the visas but I am not sure how it prevents any one group or sector monopolizing. Care to clarify?





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  • Reality is that you don't want to see Indians and Chinese around you. I am sure IV does not need people like you. IV does not promote nationality and we are against all the bad pracitices of the body shoppers but we don't want someone to label Indians and Chinese in this country product of bodyshopping immigration.
    Most of the population are well educated , skilled professionals and labelling them that they are flooding the market is insulting. If you think that you don't have marketable skills and is difficult for you to play due to Indians and Chinese, please feel free not to come back to this website. There are many Anti-Chinese and Anti-India blogs for your agenda. I am not sure whose side you are on and who has planted you here.

    Sir, first, not that I will listen to you, but you have no business telling anybody that IV doesn't need them, it's very serious when every disgruntled member decides to speak on others behalf and tell people who disagree with them they need to leave IV
    second, do u have a crystal ball that allows you to know my feelings more than I do and put words in my mouth that i didn't say.. when i say that bodyshops participated in creating the disproportionate lines for india and china where do you get an insult or conclude that i want indians and chinese to disappear or that i feel i lack marketable skills..
    stick to arguments please instead of these endless fabrications.





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  • If it isn't approved.. then it's gonna be cancelled the moment that rule that's pending that comes out..
    It's extremely risky and Feb 04 isn';t that great a PD.. just file new one .. correct way.. and relax.. you will probably get I140 approved earlier that way.. nothing's gonna happen unless laws change and if&when they change.. all PDs will be probably current for 6months to yr..





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  • After reading through the forums, I understand the EB3-World needs to become current for any others to move forward.

    But now I notice that EB3-World itself has stopped moving after jumping for some months. Any reasons? (The 245i is already cleared and now it is in Aug 02)

    Is there any other 245is preventing it????





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  • I wish the statement is true.

    I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.

    I think you are correct. Lets see how the next bulletin turns out to be.
    I just pray EB3I moves to June 05.





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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





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  • Dear Senator,

    After having spent thousands of dollars in legal counsel, medical tests, documentations, affidavits and many days of hurried preparation to file adjustment of status (AOS) for my green card application, USCIS has pulled a fast one me and the legal high skilled community.

    On June 13th 2007, Department Of State indicated visa availability for all applicants starting July 1st causing thousands of prospective legal high skilled immigrants to prepare their applications only to be surprised on the very first day (July 2nd) with rejections due to apparent exhaustion of existing visas.

    This unprecented and possibly illegal action on part of USCIS, has left high skilled immigrants like myself in a limbo. We are wondering what we have done to be wronged in this way. I am a law abiding, tax paying resident contributing to the economy.

    Please help us in overcoming this situation. We definetly do not deserve such treatment for having followed the law in the land of opportunity on the eve of independence day.

    Thank You,

    Sincerely,





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  • http://www.nytimes.com/2007/06/27/washington/27points.html?ex=1184385600&en=d3301beecf778d15&ei=5070

    June 27, 2007
    Canada�s Policy on Immigrants Brings Backlog
    By CHRISTOPHER MASON and JULIA PRESTON

    TORONTO, June 26 � With an advanced degree in business management from a university in India and impeccable English, Salman Kureishy is precisely the type of foreigner that Canada�s merit-based immigration system was designed to attract.

    Yet eight years went by from the time Mr. Kureishy passed his first Canadian immigration test until he moved from India to Canada. Then he had to endure nine months of bureaucratic delays before landing a job in his field in March.

    Mr. Kureishy�s experience � and that of Canada�s immigration system � offers a cautionary tale for the United States. Mr. Kureishy came to this country under a system Canada pioneered in the 1960s that favors highly skilled foreigners, by assigning points for education and work experience and accepting those who earn high scores.

    A similar point system for the United States is proposed in the immigration bill that bounced back to life on Tuesday, when the Senate reversed a previous stand and brought the bill back to the floor. The vote did not guarantee passage of the bill, which calls for the biggest changes in immigration law in more than 20 years.

    The point system has helped Canada compete with the United States and other Western powers for highly educated workers, the most coveted immigrants in high-tech and other cutting-edge industries. But in recent years, immigration lawyers and labor market analysts say, the Canadian system has become an immovable beast, with a backlog of more than 800,000 applications and waits of four years or more.

    The system�s bias toward the educated has left some industries crying out for skilled blue-collar workers, especially in western Canada where Alberta�s busy oil fields have generated an economic boom. Studies by the Alberta government show the province could be short by as many as 100,000 workers over the next decade.

    In response, some Canadian employers are sidestepping the point system and relying instead on a program initiated in 1998 that allows provincial governments to hand-pick some immigrant workers, and on temporary foreign-worker permits.

    �The points system is so inflexible,� said Herman Van Reekum, an immigration consultant in Calgary who helps Alberta employers find workers. �We need low-skill workers and trades workers here, and those people have no hope under the points system.�

    Canada accepts about 250,000 immigrants each year, more than doubling the per-capita rate of immigration in the United States, census figures from both countries show. Nearly two-thirds of Canada�s population growth comes from immigrants, according to the 2006 census, compared with the United States, where about 43 percent of the population growth comes from immigration. Approximately half of Canada�s immigrants come through the point system.

    Under Canada�s system, 67 points on a 100-point test is a passing score. In addition to education and work experience, aspiring immigrants earn high points for their command of languages and for being between 21 and 49 years old. In the United States, the Senate bill would grant higher points for advanced education, English proficiency and skills in technology and other fields that are in demand. Lower points would be given for the family ties that have been the basic stepping stones of the American immigration system for four decades.

    Part of the backlog in Canada can be traced to a provision in the Canadian system that allows highly skilled foreigners to apply to immigrate even if they do not have a job offer. Similarly, the Senate bill would not require merit system applicants to have job offers in the United States, although it would grant additional points to those who do.

    Without an employment requirement, Canada has been deluged with applications. In testimony in May before an immigration subcommittee of the United States House of Representatives, Howard Greenberg, an immigration lawyer in Toronto, compared the Canadian system to a bathtub with an open faucet and a clogged drain. �It is not surprising that Canada�s bathtub is overflowing,� Mr. Greenberg said.

    Since applications are not screened first by employers, the government bears the burden and cost of assessing them. The system is often slow to evaluate the foreign education credentials and work experience of new immigrants and to direct them toward employers who need their skills, said Jeffrey Reitz, professor of immigration studies at the University of Toronto.

    The problem has been acute in regulated professions like medicine, where a professional organization, the Medical Council of Canada, reviews foreign credentials of new immigrants. The group has had difficulty assessing how a degree earned in China or India stacks up against a similar degree from a university in Canada or the United States. Frustrated by delays, some doctors and other highly trained immigrants take jobs outside their fields just to make ends meet.

    The sheer size of the Canadian point system, the complexity of its rules and its backlogs make it slow to adjust to shifts in the labor market, like the oil boom in Alberta.

    �I am a university professor, and I can barely figure out the points system,� said Don J. DeVoretz, an economics professor at Simon Fraser University in British Columbia who studies immigration systems. �Lawyers have books that are three feet thick explaining the system.�

    The rush to develop the oil fields in northern Alberta has attracted oil companies from around the world, unleashing a surge of construction. Contractors say that often the only thing holding them back is a shortage of qualified workers.

    Scott Burns, president of Burnco Rock Products in Calgary, a construction materials company with about 1,000 employees, said he had been able to meet his labor needs only by using temporary work permits. Mr. Burns hired 39 Filipinos for jobs in his concrete plants and plans to hire more. He said that many of the temporary workers had critically needed skills, but that they had no hope of immigrating permanently under the federal point system.

    �The system is very much broken,� Mr. Burns said.

    Mr. Kureishy, the immigrant from India, said he was drawn to Canada late in his career by its open society and what appeared to be strong interest in his professional abilities. But even though he waited eight years to immigrate, the equivalent of a doctoral degree in human resources development that he earned from Xavier Labor Relations Institute in India was not evaluated in Canada until he arrived here. During his first six months, Canadian employers had no formal comparison of his credentials to guide them.

    Eventually, Mr. Kureishy, 55, found full-time work in his field, as a program manager assisting foreign professionals at Ryerson University in Toronto. �It was a long process, but I look at myself as fairly resilient,� Mr. Kureishy said.

    He criticized Canada as providing little support to immigrants after they arrived.

    �If you advertised for professors and one comes over and is driving a taxi,� he said, �that�s a problem.�

    Christopher Mason reported from Toronto, and Julia Preston from New York.





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  • kondur_007, u know how to make us laughing in a stiuation like this. your post at the end makes me keep laughing.:D

    Thank you very much...but somehow, I woke up sarcastic today!!! i hope i did not offend anyone...else I will get some REDS...:mad::mad::mad:

    Just joking again....:p





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  • Is this Memorandom final?

    If yes, then the options for them whose employer is consulting company and the employer is not direct vendor to the client are as follows:

    1. If status is H1B, then join direct client of the employer or switch employer having projects with direct clients.
    2. If maintaing H1B status and also have EAD, then switch to EAD ASAP because this Memorandom is for H1B (renewal/extension or Change).





    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?
    Google "Canada Immigration"... very first link that you get will be very useful.





    Thanks for the interesting posts and sharing of your experiences!!!

    I figure that the EB-2 and EB-3 categories are going to remain backlogged for a few years for India. So, the best way to apply for US green card would be to attain Canadian citizenship to provide flexibility of using TN visa and then apply for GC using EB-1 category as a manager. Perhaps, it is not as easy as I make it sound to get a EB-1 success case.

    Are there people out there who have successfully used the EB-1 category or know of anyone who has used the EB-1 category? Is it sufficient for one to be a first line manager to utilize the EB-1 category or does one have to be an executive?

    How many employees does one need to manage to be considered an executive?

    I guess EB-1 remains the only sure bet to get a quick GC, but it is probably difficult to qualify for it.



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