Thanks for the reply Amoljak,
Now if you can please remove all the sarcasm and explain this in more detail in laymen's terms, it would really help me. I mean how is it that atleast 10 members on this site have mentioned people selling and buying LCs LEGALLY! Were they bluffing or are we reading into the law wrongly?
Thanks
Lets say you have a company. You apply for some-one's labor. The labor is approved. Then the guy leaves. So you have one approved labor. You can then ask me to give you a "gift" of lets say $30,000 and in due course you will employ me in that position. Technically this is illegal, just like it is to take campaign contributions to vote in a certain way...But in practice it is hard to establish quid pro quo in these cases. More so when the person is willingly paying the money and is not willing to turn on the seller. So people who say you can buy LCs legally are WRONG.
Now if you can please remove all the sarcasm and explain this in more detail in laymen's terms, it would really help me. I mean how is it that atleast 10 members on this site have mentioned people selling and buying LCs LEGALLY! Were they bluffing or are we reading into the law wrongly?
Thanks
Lets say you have a company. You apply for some-one's labor. The labor is approved. Then the guy leaves. So you have one approved labor. You can then ask me to give you a "gift" of lets say $30,000 and in due course you will employ me in that position. Technically this is illegal, just like it is to take campaign contributions to vote in a certain way...But in practice it is hard to establish quid pro quo in these cases. More so when the person is willingly paying the money and is not willing to turn on the seller. So people who say you can buy LCs legally are WRONG.
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BTW its taking anywhere between 52-65 weeks to get Canadian PR now. They process ur initial application after 52 weeks only and any time taken on top of it is extra..
cheers
Canada Immgration back is also visa post quota based unlike birth country
(not citizenship) based.
Therefore as an Indian if you apply in India then backlog is massive (5 yrs).
However just like in US system exceptions are there for Indians born outside India, Indians in US on H1B visa can apply in US where backlog is lesser.
In the Canadian system you can apply in your county of citizenship or country where you are admitted for more than 1 year (eg H1B , L1 ,F1 ,J1 )
cheers
Canada Immgration back is also visa post quota based unlike birth country
(not citizenship) based.
Therefore as an Indian if you apply in India then backlog is massive (5 yrs).
However just like in US system exceptions are there for Indians born outside India, Indians in US on H1B visa can apply in US where backlog is lesser.
In the Canadian system you can apply in your county of citizenship or country where you are admitted for more than 1 year (eg H1B , L1 ,F1 ,J1 )
I still dont see any discrimination on the existing laws. The number of visas divided equally to all countries.
If no one (including the Govt.) is allowed to discriminate based on national origin then how can the Govt. discriminate on EB Emigration based on national origin ?
I think this is a fair question and most Americans in my work place agree with me. I don't know if we will win the case or not but if we win we can get
1) Removal of country based quotas
2) recapture of Visa's lost due to country based quotas
If we lose the case we will at least get more attention of the national media, it's up to us how we manage the media attention and have a positive effect on the popularity of our cause.
IMHO taking the opinion of the best attorney on constitutional law can not hurt. :)
If no one (including the Govt.) is allowed to discriminate based on national origin then how can the Govt. discriminate on EB Emigration based on national origin ?
I think this is a fair question and most Americans in my work place agree with me. I don't know if we will win the case or not but if we win we can get
1) Removal of country based quotas
2) recapture of Visa's lost due to country based quotas
If we lose the case we will at least get more attention of the national media, it's up to us how we manage the media attention and have a positive effect on the popularity of our cause.
IMHO taking the opinion of the best attorney on constitutional law can not hurt. :)
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This is a good point. This leaves a grey area, isn't it? I give you green for this El_Guapo.
This is comedy. This El_Guapo wants to give green to his own post. Oh man, what an idea to get greens. :D
This is comedy. This El_Guapo wants to give green to his own post. Oh man, what an idea to get greens. :D
Yes it does not say interim memo....the underlying point was that the directive comes from DOS once all these numbers are used up by approved applications and not "filed applications"
The mid month retrogression can happen...not based on number of filed applications but based on number of approved applications....and if they have enough applications (preadjudicated) sitting for numbers to become available...the system should process all of them in one day...and you know what will happen then............
http://www.imminfo.com/resources/cis-sop-aos/1-16.html
According to this manual..visa availability is determined by Visa bulletin ALONE..no where it mentions to look for an interin memo from INS..
The mid month retrogression can happen...not based on number of filed applications but based on number of approved applications....and if they have enough applications (preadjudicated) sitting for numbers to become available...the system should process all of them in one day...and you know what will happen then............
http://www.imminfo.com/resources/cis-sop-aos/1-16.html
According to this manual..visa availability is determined by Visa bulletin ALONE..no where it mentions to look for an interin memo from INS..
Can anyone recommend any good IT consulting companies in Canada?
I need a permanent job offer to qualify for the points but most of the jobs for my skill set are either contract jobs or for relocation to USA. Please help.
I need a permanent job offer to qualify for the points but most of the jobs for my skill set are either contract jobs or for relocation to USA. Please help.
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Isn�t the visa number limited to a upper threshold for each EB category for each country...How does these number move around between various countries....doesn�t that mean people from India and China (2 countries with most retrogression and paranoia) are looking at a very small number (~2K-4K) and not 40K in July?
Can someone comment on this number issue?
Yes I agree.. But if they don't move date foward then they can't approve those backlog applications.And they don't want to loose 40,000 visas . Now when they made all date current, they can approve all those pending application which are complete and just waiting for date to become current. Now we don't know real number and don't know how long it will take USCIS to do all approvals. But if they approve 40,000 in 2 weeks, I won't be surprised if they make it 'U' like other workers.
But then question still remains why they made all current. They could have just moved it by year or so.. And I am sure they know how many application they can expect in July.. I already saw some where that we have around more then 80,000 approved perm.. All they going to apply.. And what about all whose labor just got approved fro Backlog centers?
Its making everybody confused.. But its not in our hand and we can't do anything. Best thing is to file asap and just hope for best and we are always ready for worst..
Just think if they make date 'U' in middle of july, how many member going to loose money. Each of us spent so much money this month and if nothing happens that we loose all of it.
Can someone comment on this number issue?
Yes I agree.. But if they don't move date foward then they can't approve those backlog applications.And they don't want to loose 40,000 visas . Now when they made all date current, they can approve all those pending application which are complete and just waiting for date to become current. Now we don't know real number and don't know how long it will take USCIS to do all approvals. But if they approve 40,000 in 2 weeks, I won't be surprised if they make it 'U' like other workers.
But then question still remains why they made all current. They could have just moved it by year or so.. And I am sure they know how many application they can expect in July.. I already saw some where that we have around more then 80,000 approved perm.. All they going to apply.. And what about all whose labor just got approved fro Backlog centers?
Its making everybody confused.. But its not in our hand and we can't do anything. Best thing is to file asap and just hope for best and we are always ready for worst..
Just think if they make date 'U' in middle of july, how many member going to loose money. Each of us spent so much money this month and if nothing happens that we loose all of it.
May he rest in peace...
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Some lawyers (like the one mentioned here) like to advocate Consular Processing. At the risk of sounding cynical i'll say it..
Lawyers are always trying to make money. During last July, several people self-filed I-485s, therefore lawyers lost business.
Now if they create enough noise about long EB2 backlogs for AOS via USCIS, people might be scared enough to opt for consular processing, which is complicated enough that you'd need a lawyer !.
I'm gonna ignore this lawyer's posts ..
Lawyers are always trying to make money. During last July, several people self-filed I-485s, therefore lawyers lost business.
Now if they create enough noise about long EB2 backlogs for AOS via USCIS, people might be scared enough to opt for consular processing, which is complicated enough that you'd need a lawyer !.
I'm gonna ignore this lawyer's posts ..
I think they will retrogress after using next year's quota that opens up in Oct (??).
They want to collect all applications since workload estimation is a huge problem with USCIS, DOL, FBI, ...
They want to collect all applications since workload estimation is a huge problem with USCIS, DOL, FBI, ...
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When folks transfer to a new employers using AC21 (where AC21 is otherwise valid) -
0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
1. OK: for folks where you work directly for the new H1 transfer sponsor.
2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.
AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
_______________________________
In general, for folks on H1 or those planning to get one -
A. Folks who work directly for the H1 sponsors are OK.
B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.
It does not mean that its all going to be dark for all with no hope.
Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.
Best Wishes for all
0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
1. OK: for folks where you work directly for the new H1 transfer sponsor.
2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.
AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
_______________________________
In general, for folks on H1 or those planning to get one -
A. Folks who work directly for the H1 sponsors are OK.
B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.
It does not mean that its all going to be dark for all with no hope.
Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.
Best Wishes for all
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I heard that Fedex is going on strike in Nebraska in the month of July and will end their strike when retro kicks in?
Did anyone else hear this?? Can anyone post a valid link to this other than
OH OH OH OH Mathew site link????
:D :D :D :D :D
:D
Did anyone else hear this?? Can anyone post a valid link to this other than
OH OH OH OH Mathew site link????
:D :D :D :D :D
:D
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I was tweeting with an attorney from boston. She says that the memo does not do any good for a H1B resource working at a third party site though employed under a desi consulting company. :(
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Guys, we need to help ourselves, if you are online at 9PM PST, 12AM EST on a holiday eve, then ,least u can do is add ur digg if not a comment!!
Yeah seriously. Do you know that a lot of talk shows and their hosts have played a significant role in pulling CIR down? If they can do it, we can do it too. Go ahead and digg the stories
Yeah seriously. Do you know that a lot of talk shows and their hosts have played a significant role in pulling CIR down? If they can do it, we can do it too. Go ahead and digg the stories
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Hello Friends and my fellow GC awaiters..
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?
1MoreDesi !
First of all couple of things: (i) As of now there is no exemption for master degree holders (either from US or outside). There are provisions in SKIL bill and CIR but as you might know already they havnt yet passed in the congress and there is no gaurantee if/when they will be passed. (ii) Labor substitution is available now - this can go away or can stay because of large number of comments.
I can understand your dilemma. I was in a similar situation last year. My new employer "assured" me labor sub. But after a few months they backtracked saying the lawyer thinks that it wont match with my skills etc. and some such technicalities. So be very careful/particular about if your new employer will use substitution for sure. Next thing to consider (actually most important one in ideal circumstances) is which job is in-line with your future plans and which one you like the most. If your present one is very good and you are very happy there - then I think its worth staying and hope for the best in the coming bills. If you think both are of same nature then take the sub (while maintaining a good relations with old employer) and get the greencard early. In my case I left a job that I loved the most and was in line with my future plans - thinking that if I get GC early it will ease my tension and sleep better in nights and hoping that my new employer would do everything they mentioned before joining there. Now they didnt give me the sub (but are applying in PERM) and my previous employer situation is also changed and are in a hiring freeze (taking me back is now considered a new hiring) - so I am feeling stuck and unhappy. I am posting this just so you are aware of possible risks. Hope this helps.
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?
1MoreDesi !
First of all couple of things: (i) As of now there is no exemption for master degree holders (either from US or outside). There are provisions in SKIL bill and CIR but as you might know already they havnt yet passed in the congress and there is no gaurantee if/when they will be passed. (ii) Labor substitution is available now - this can go away or can stay because of large number of comments.
I can understand your dilemma. I was in a similar situation last year. My new employer "assured" me labor sub. But after a few months they backtracked saying the lawyer thinks that it wont match with my skills etc. and some such technicalities. So be very careful/particular about if your new employer will use substitution for sure. Next thing to consider (actually most important one in ideal circumstances) is which job is in-line with your future plans and which one you like the most. If your present one is very good and you are very happy there - then I think its worth staying and hope for the best in the coming bills. If you think both are of same nature then take the sub (while maintaining a good relations with old employer) and get the greencard early. In my case I left a job that I loved the most and was in line with my future plans - thinking that if I get GC early it will ease my tension and sleep better in nights and hoping that my new employer would do everything they mentioned before joining there. Now they didnt give me the sub (but are applying in PERM) and my previous employer situation is also changed and are in a hiring freeze (taking me back is now considered a new hiring) - so I am feeling stuck and unhappy. I am posting this just so you are aware of possible risks. Hope this helps.
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http://www.immigration.com/litigation/I-485_litigation.html
Read
this
http://www.immigration.com/litigation/I-485/Plaintiff%27s%20Supplemental%20Memorandum.pdf
this
http://www.immigration.com/litigation/I-485/Defendant%27s%20Supp.%20Memorandum.pdf
and this
http://www.immigration.com/litigation/I-485/order_class_denied.pdf
Read
this
http://www.immigration.com/litigation/I-485/Plaintiff%27s%20Supplemental%20Memorandum.pdf
this
http://www.immigration.com/litigation/I-485/Defendant%27s%20Supp.%20Memorandum.pdf
and this
http://www.immigration.com/litigation/I-485/order_class_denied.pdf
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I am not sure if this is true or false but I thought to share. it might be a good news for July filers:
07/12/2007: USCIS Reportedly Returning Visa Numbers to DOS
AILA has reported that when Rep. Lofgren issued a letter to Secretary Chertoff, she also disclosed that "It has also come to my attention that USCIS began returning visa numbers to the State Depaartment as early as Thrusday, July 5, 2007." It could be the answer to our question why they are holding July filing cases and why they stopped adjudicating 485 cases for which they pull out the numbers before July 2, 2007. What a mess!
07/12/2007: USCIS Reportedly Returning Visa Numbers to DOS
AILA has reported that when Rep. Lofgren issued a letter to Secretary Chertoff, she also disclosed that "It has also come to my attention that USCIS began returning visa numbers to the State Depaartment as early as Thrusday, July 5, 2007." It could be the answer to our question why they are holding July filing cases and why they stopped adjudicating 485 cases for which they pull out the numbers before July 2, 2007. What a mess!
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You are so wrong here...its not about growing balls or Americans getting frisked in Indian airports.
It is SRK's BIG EGO that was hurt, the fact that the officer did not "recognize" SRK - the "king khan" and made him go through a rough ordeal. That is all it is about. And to me SRK has never been an honest human being. It is all a put on appearance, whether its in his movies or real life. He is very measured and guarded when talking to the media and presents his affable side. So get over it and look at the incident for what it is - i.e, SRK's big ego burst open. Its not about American security or Indian security or racial profiling. Everyone is just trying to make it out to be that but you need to be able to see thorugh that.
When a person of Dr Kalam's stature did not even talk about his experience with Continental until months later, who the heck is SRK to make it out to be such a big deal? What is his achievement and/or contribution to the country after all? Making loads of money? Buying houses in London and Dubai?? Give me a freakin' break.
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?
It is SRK's BIG EGO that was hurt, the fact that the officer did not "recognize" SRK - the "king khan" and made him go through a rough ordeal. That is all it is about. And to me SRK has never been an honest human being. It is all a put on appearance, whether its in his movies or real life. He is very measured and guarded when talking to the media and presents his affable side. So get over it and look at the incident for what it is - i.e, SRK's big ego burst open. Its not about American security or Indian security or racial profiling. Everyone is just trying to make it out to be that but you need to be able to see thorugh that.
When a person of Dr Kalam's stature did not even talk about his experience with Continental until months later, who the heck is SRK to make it out to be such a big deal? What is his achievement and/or contribution to the country after all? Making loads of money? Buying houses in London and Dubai?? Give me a freakin' break.
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?
I spent over 20 years in Canada. Fact is, I never EVER waited a month to see a doctor. Not once. Nor has my sister who is still there.
I spent 7 years in Australia. Never had a problem getting a doctor there either. In fact, I will say that it truly is AWESOME there. Great people, great opporunities, good money, incredible lifestyle.
I have spent 7 years in the US. It's a wonderful place with heaps of opportunity. The cost of living is higher than any other place but I accept it because because I like so much about living here. I like the people, I like the weather. I like the countryside and the culture.
You see, for me, there are many great things to be found in all 3 of these places. It's not a contest. There are good and bad aspects to life in any place you chose. In that one area, I agree with you. There are pros and cons that need to be considered. What you choose is a personal decision based on your needs, objectives and desires.
It's that simple.
One last thing. Normally, I'd let this go. After all not everyone's first language is English. But when you start making ludicrous remarks about "illiterate Canadians", and demonstrate in that very same post that you are unable to construct a single decent sentence, well frankly, you're undermining your argument a little.
And by the way, Canada has one of the top literacy rates in the world.
And Do you (canadian wanna be) have any clue that to get respected salary and position you will be forced by illiterate Canadians to have "Professional Engineering Certificates"... It will suck blood out of your body for 5 years... So just do not read "Greener Side" of Canadian Immigration... I know it may not be applicable to all but more or less most of will have to face the same music in their careers. My all Canadian friends and relatives want to be Americans.. Only some of them practically could proceed for that.. After some stage of life it becomes hard to move families.. That is the reason they are facing now to take decision and simultaneously do not want to live in Canada anymore.. If you have 101 fever it will take 1 month to have Doctor's appointment... GST.. Higher taxes.. statistically there are chances "Most of members of this forum - Canadian Wanna Be" will have less promotions and/or increments in salary eventhough they will find themselves most skilled wherever they will work. Top posts would be the dream for most of you guys unless you start your own business.. if you understand what I am trying to tell... In USA it is not that way.... Having said this I can not say that everybody will experience the same what I am trying to portray but most fo them will.
I spent 7 years in Australia. Never had a problem getting a doctor there either. In fact, I will say that it truly is AWESOME there. Great people, great opporunities, good money, incredible lifestyle.
I have spent 7 years in the US. It's a wonderful place with heaps of opportunity. The cost of living is higher than any other place but I accept it because because I like so much about living here. I like the people, I like the weather. I like the countryside and the culture.
You see, for me, there are many great things to be found in all 3 of these places. It's not a contest. There are good and bad aspects to life in any place you chose. In that one area, I agree with you. There are pros and cons that need to be considered. What you choose is a personal decision based on your needs, objectives and desires.
It's that simple.
One last thing. Normally, I'd let this go. After all not everyone's first language is English. But when you start making ludicrous remarks about "illiterate Canadians", and demonstrate in that very same post that you are unable to construct a single decent sentence, well frankly, you're undermining your argument a little.
And by the way, Canada has one of the top literacy rates in the world.
And Do you (canadian wanna be) have any clue that to get respected salary and position you will be forced by illiterate Canadians to have "Professional Engineering Certificates"... It will suck blood out of your body for 5 years... So just do not read "Greener Side" of Canadian Immigration... I know it may not be applicable to all but more or less most of will have to face the same music in their careers. My all Canadian friends and relatives want to be Americans.. Only some of them practically could proceed for that.. After some stage of life it becomes hard to move families.. That is the reason they are facing now to take decision and simultaneously do not want to live in Canada anymore.. If you have 101 fever it will take 1 month to have Doctor's appointment... GST.. Higher taxes.. statistically there are chances "Most of members of this forum - Canadian Wanna Be" will have less promotions and/or increments in salary eventhough they will find themselves most skilled wherever they will work. Top posts would be the dream for most of you guys unless you start your own business.. if you understand what I am trying to tell... In USA it is not that way.... Having said this I can not say that everybody will experience the same what I am trying to portray but most fo them will.
Hello everyone.
I was wondering if someone could point me to how exactly labor substitution works.
Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.
If someone has any article on labor substitution and how it works please post it on here.
Best of luck!
I was wondering if someone could point me to how exactly labor substitution works.
Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.
If someone has any article on labor substitution and how it works please post it on here.
Best of luck!
