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  • Hi there,

    I also used automatic revalidation about 3 months back.. Dont worry, The immigration officer there knows all the rules. FYI, I went by car from rainbow bridge. While comming back officer just asked me normal questions such as "Where are you from ? " and "When are you flying back to Houston ?". Thats about it..

    --HumHongeKamiyab





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  • the cycle for visa exhaustion has to happen before USCIS triggers action....its just not how many applications showed up on their door...and one(including me) should not feel toooo bad if we are not able to submit application becasue the visa numbers were exhausted. More painful will be if it is only based on applications received and mine went in a little later than others. lot of hard works has gone into prepraing this application. I would hire my attorney to put a suit against himself...

    As i understand it...number of applications received by USCIS on july 2nd does not in any way affect the acceptance of application on july 22nd......do you see it as i see it
    Does someone know what date in June they started turning back EB3-Other WOrkers?





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  • What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?

    Anyone who know abt this, please respond.





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  • And also add the amount we are paying on regular basis to law firms to talking to their para legals, mental stress and percentage what contracting companies with hold along with amount we are losing because we are not in stable situation to invest in things like real estate.



    I always has that question what is the real difference, hear people sayinig more taxes less salary and all that but don't know the actual difference yet.
    Will appreciate if someone can shed more light or post a link.





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  • Well there is no reason to say person who started this thread is buying labor.

    Can you prove that you got an offer for substitute labor and you rejected it?

    :o

    If you have a valid point, why don't you start a new thread where people can report those users who post question on substitution. We will see if that forum gets popular.

    It is distracting to people who came to look for answers based on title of this post. Good luck at mud slinging!!

    ......because you are using labor substitution.

    At this time nobody can do anything legally against people who are using labor substitution and employers who are secretly selling labor substitution.

    This substitution is increasing backlogs, is unfair to people waiting in line, encourages employer exploitation since they use it as an incentive to woo employees and then exploit them, 'selling' is illegal but one must complain against the employer and the employee for DOL to act.

    Lawyers are part of this scam. I have read in some posts that even AILA opposed when labor substitution was being ended. It is a lost business opportunity for their lawyer members!!

    I have pointed several labor substitution members on the forums in the past. some of them were never found on the forum since they feared being caught. They must have changed their ID or ran away. So until a law is passed for banning it, such 'trade' that hurts our interests will continue.

    Good that you guys are only buying labor certifications. There is no 'legal' process to buy greencards directly from employers yet!!





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  • I hear you!

    --Improve processing time to consume full quota allotted per fiscal year. If the cases are processed at snail pace, increasing quota to half a million visa doesn't mean squat to anybody. It will fall into another cycle of "waste visas & recapture visas"





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  • I think its worth giving it a short, I support this.





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  • It is very clear that there is absolutely no meaning for "quota" on 485 applicants.
    They are allowed to continue to stay in US forever, from the date of their application (assuming the case is good, and eventually will be approved, when visa is available).

    So the whole argument about "diversity" or even "controlled immigration" doesn't stand, since the 485 applicants are here permanently "except" for an official "GC card".

    The only thing the "quota" does is creating "uncertainty" in the mind of genuine applicants. This causes less spending, less home buying and eventually causing bad for the US economy. This just creates a second layer of "tax-payers" who have extremely high "purchase power", but doesn't utilize their purchase power, due to "uncertainity"

    I wonder why the politicians doesn't realize this simple fact yet?

    They either shouldn't allow 485's to wait in US (for diversity & controlled immigration claim), or should just remove the quota for 485's, and let them live their lives & utilize their purchase power to help US economy.





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  • Indeed good for the community.
    wouldn't it be even better when investigations are carried out on the substitued cases and action be taken on employers and their law firms ?
    Wouldn't it be better to bring a law to prohibit employer's taking money from the employees to file h1's and gc's ?
    Not sure what kind of a law could police/monitor an employer taking cash from the employee ?

    Any thots ?





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  • SK2006 and snathan:

    I do not agree.

    First, there is no "profiling" in India. Everyone gets frisked and security at airports in India is top class. Problem with US is "only select" people get frisked most often based on their skin color or names. This is a fact. I am a frequent flyer consultant , I have observed this many many times.

    Second, Indians are doing what they are supposed to do. first, they show respect to dignitaries by not frisking or not stripping robert gates, george clooney or bill clinton or any other dignitary from any other country. Americans are not doing what they are supposed to do.

    When geroge fernandes was stripped , he had a diplomatic passport. Everyone knows he was defence minister and there was a delegation with him. Secondly, abdul kalam was frisked, which I feel is also negligence of Indian authorities not to be assertive.

    So Indians are not doing their job by not being assertive and taking care of its own citizens. and not pressing for their own rights,

    I do not feel so bad about Shahrukh, although I think it is profiling, as I do for fernandez and kalam.

    This is nothing but profiling and some stupid hot headed mentality. Let there be frisking of americans and stripping of them at Indian airports. Will americans accept it? If not why should Indians not make noise about it?

    Rules are rules, provided they apply equally to americans and Indians. otherwise its profiling or discrimination.





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  • This is a good article, I guess all "Manmohan Singh's degrees" loving Indians should read this..


    http://economictimes.indiatimes.com/Opinion/Comments--Analysis/Fall-of-the-holy-trinity-MMS-PC-Montek/articleshow/4316378.cms?curpg=1





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  • To all proponents of country quotas:

    Well, if there is a cap for GCs then there should also be a cap on the number of H-1Bs that can be taken up by a country. There should be a cap on the number of allowable F-1 visas to a country. There should be a cap on number of employees of a particular nationality in an organization. There should be a separate line for different nationalities in supermarkets. Fair? Happy?

    Btw, why is there no cap on H-1Bs or F-1s and only for GCs?

    Everyone lets not continue this discussion because it is going beyond what IV is about. IV core's solution is the pragmatic one helping all EB. Lets direct our energy on the action items.

    Mail in the letters by month end. Already few thousand letters are in. So, lets continue with the momentum. Efforts by IV and its members have already succeeded in fixing MI DL issue. Lets work on the positives. EB3 ROW has jumped ahead, and fellow IVians would benefit. So, everyone its time to be happy.





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  • Keep in mind that only unused visas in eb1 and eb2 row filter down to eb3.

    Just about everybody from ROW is currently filing in eb2 and using up the visas and there is less to filter down to eb3.

    AC21 re-allocated visas every quarter if the total demand was less then the total visas available. This is not currently the situation. Therefore, the visas won't filter down to eb3 which went unused. This gives a chance for people from ROW to keep filing in eb1 and eb2. In the last quarter is when you will see the jump, if any because the unused visas will get allocated at that time.(keep in mind that BEC's are also releasing labors - as far as I know the april 2001 labors from california have not been approved yet; and there are a great number from that state).

    In the last year I know of at least three people and I imagine there are thousands more who did this:

    They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.





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  • Please see answers in blue below


    You are welcome.


    As much as I see you guys choosing Canada as an option, I also see you misusing that option. If you really want to select Canada as an option then you are better of moving to Windsor and working in Detroit. If you show a canadian address (that means you are living in canada), you should also pay canadian taxes (based on your US income). Just showing a canadian address is no good if you don't pay canadian taxes.





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  • Hi Neocor,

    I understand your frustration very well. Of course the labor substitution is not logical, but it is not the root of the problem. Just think rationally how many people take advantage of this option. The real cause of our problem is Number of Visas. As long as it is legal, people will go for it. They should not be blamed, rather it is our inability that we didn't find the right "Approved Labor". If you find something suitable, will you not go for it?





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  • Guys... Please help Mecaca.. Please scan all 100 pages of breaking news thread and summarize issues.. Please be very specfic and up to the point..
    Should be short.




    I meant a scan of the other 100 page thread Breaking news. I did not follow that thread and it has lot of issues. Please summarize issues mentioned in Breaking News thread here.

    I will add issues from this thread! thanks





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  • When can I get my gc based on these uscis data for sept 2005 eb-2.Please suggest me.

    100% by this time next year if the spill over rules are not changed. If they are changed then in next 5 years.
    (India upto september 2005 got almost 15K) per year india got 3500, do the math.





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  • I also have my canadian PR. I know that I have to physically stay in CA for 2 years out of 5 to keep it alive. My question is if I enter just before my fourth year and live only for one year in CA .... what would happen ? At the end of fifth year when my PR card expires, will I have to leave CA ? Or is there any other visa on which I can move to or is there a way to re-apply for PR in the last year itself ?

    Basically bcuz of the retregression I want to go to CA but I have seen so many -ve posts about job scene that I am apprehensive. Hence was wondering if I can wait till the fourth year and still this GC mess is not solved would it be possible somehow to stay in CA beyond the fifth year.





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  • Dude, i agree with you... All about dumping/low cost labor/yours BITS/MSFT talent...

    Get my point right... you are getting old and you are scared... you are feeling insecure... you DUMPED 100k :) for YOUR MBA program.... dont shit bricks... dont worry.... when we who need to feel insecure are doing ok.... I think solely considering your status.... you should go have a ball... oh i forgot your MSFT/BITS stuff...

    Karthik S

    I am simply stumped at the level of comprehension of the folks right here. Let me summarize my views as points and hopefully I will get through to you guys

    1. My mention of BITS was not to prove that I was the best and the brightest. It was to prove that my education was NOT subsidized by the govt of India directly or indirectly. Remember passing out of any university doesnt confer the title of the best and the brightest. Unseenguy - If you have kicked the ass of IITians, bitsians etc then consider yourselves genuine. Why this unnecessary trip down "Not confident about myself lane" ?

    2. My mention of MSFT was again not to prove that I am part of the best and rightest. It was to prove that I came here not with the value proposition of low costs but with the value proposition of hardwork and some talent. I did not compromise on my pay or did replace any native employee. Oh BTW I left MSFT in 2000

    3. My mention of the 3 layoffs and my journey was to inform you guys that whatever is happening now is similar to whatever happened in 2001. I wanted to calm down the nerves of the genuine people. Without reading and comprehending the posts, I get responses like that I was an illegal. Remember I was taken back in for 2 days, 485/AP/EAD applied and my jobless days were with my EAD in hand.

    4. One of the reasons, I am against outsourcing companies is that they dump low wage workers. If you guys are aware, every country, including India and US, has anti dumping laws to protect local industries. I am not against offshoring or outsourcing but I am against dumping. Some posters have questioned how I would be affected by all this if I were the among the best and the brightest ? Valid question to a good extent. If you realize that as you age your speed and dexterity at which one adopts newer skills start waning. How long do you think that upgrading skills in a single industry would be possible when you are going to be constantly competing with walmart style options ?

    For now I have chosen to enroll myself in an MBA program and I am hoping that my skills wouldn't be diluted. Think about going to school at age 35 with the responsibility of family and kid. This is my last ditch effort in upgrading my skills because it involves a substantial ownpayment. I am not sure about you guys but a 100K investment for school now is huge for me. The big question is, I am able to pull up my last bit of energy to upgrade now but will it be possible 5 years now if these outsourcing companies starting dumping low cost MBAs ? This is what I meant by my quality of life being impacted. If you guys think that you wouldnt go through the same scenario, then you need some serious retrospection.

    One last thing I would like to point out the inherent contradiction that the current prospective immigrants are facing today. GC is a process that is there to fill in the lack of skills in the US. However with unemployment running close to 10%, the question arises as to whether to train local populace for these skills. There are just 2 exits out of this contradiction

    1. Bring in low cost labor to fulfill this shortage and avoid local training costs
    2. Expand on a new idea. Green seems to be the buzzword today.

    In my opinion, option 1 is lose lose situation for all including the actual foreign employee who provides the services at a low cost. It is the outsourcing company for sure and probably the hiring company that may benefit. The society as a whole loses. Option 2 is an organic option but is laen with the dangers of delays in take off and boom and bust cycles. This is exactly the reason why I suggested that we cut these outsourcing cs from dumping bodies here. I hope I have clarified my opinions lucidly and hopefully look forward to a mature discussion as opposed to name calling, affronts etc.





    Admins - can some one please close this thread. This is thread is neither about immigration nor will anything good come out of this.

    yetanotherguyinline,

    You may not care, but many members do care about what's happening in India.





    Dear Attorney,

    I am from India and working as a Software Programmer / Analyst in a decent company and I am using AC21 with this company...and my Green Card journey started September 2002.

    Labor applied (EB3) - September 2002
    Labor approved - July 2003
    I-140 / I-485 applied - December 2003
    I_140 approved - August 2004 after responding to an RFE
    Two times finger prints done and name check is done.
    RFE about sons birth certificate -- responded last year.


    But still the way things are going with Visa numbers and seems no light at the end of the tunnel. I am decided to change EB3 to EB2.

    What would you suggest?

    Where can I find the process for this switch (EB3 to EB2) ??

    Is there any benefit switching from AOS to Consular Process?

    Thanks and appreciate your response.

    The process of switching from EB3 to EB2 also takes some time and expense. Please do consult your attorney and weigh in all pros and cons very carefully. In case you require assistance please contact me.