Thursday, June 30, 2011

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  • msyedy
    01-26 11:20 AM
    Thanks Pappu. Is this called Labour substitution? I don't know that term.Any input regarding this is greatly appreciated.

    Labor substitution is not encouraged by INS any more, but is still possible.
    Use the old labor and file for premium I-140. If approved you can use that priority date.

    Simple as that, premium result will be in 15 days.

    Best of luck.... Though I dont encourage this, and I am against this because people are just moving ahead which is not a fair.

    But nowadays.with this retrogression and we fighting for our provisions I have become more stable and want any of my efforts to help anyone and this is making me happy/





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  • GCHope2011
    01-14 02:49 PM
    My friend gcdream 2001 please read through the whole article and understand that there is some action which needs to take place before i even open my mouth about any ideas.

    BTW the negentive count is now 3500.
    Sorry lady - enough of your billowing hot air - you have wasted enough people's time (including mine). If you have anything worth sharing you are free to do so - but I am not holding my breath for it.

    And of course, you can continue to be in your delusional world. You certainly have not demonstrated any credibility to be asking people to meet any "conditions" whatsoever.





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  • sledge_hammer
    01-14 02:29 PM
    They are implying that those who are currently working for body shops are to find an employer that would offer their definition of employer-employee relationship. But you are still with the body shop, then your extnesion will be denied!

    Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?

    A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis.

    Q: What if I am filing a petition requesting a �Change of Employer� and an extension of stay for the beneficiary�s H-1B classification? Would my petition be adjudicated under the section of the memorandum that deals with extension petitions?

    A: No. The section of the memorandum that covers extension petitions applies solely to petitions filed by the same employer to extend H-1B status without a material change in the original terms of employment. All other petitions will be adjudicated in accordance with the section of the memorandum that covers initial petitions.
    USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)





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  • ronhira
    01-13 12:15 PM
    why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week..... :rolleyes:



    Good Things about IV
    1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
    2. All their work is done in the donor forum and behind the scenes by volunteers
    3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
    4. All the work is done by IV members themselves because they are helping themselves
    5. IV members are investing time and money to do work which impacts a large number of immigrants
    6. That is a professional way to do stuff and i admire the way work is done at IV

    Concerns of IV
    1. IV always states about the lack of will of people to do something for themselves
    2. IV always states that people just comment on forum but do not step forward to do stuff
    3. IV always says that people do not donate enough and without donation a grassroot organization will not survive

    What IV is doing wrong
    1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
    2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
    3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
    4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
    5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.

    How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good

    What IV can do right
    1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.

    2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
    3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.

    What wil happen if IV does the above
    1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)

    2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.

    Synopsis
    How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.

    One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.

    On a funny flip side ...............................
    How will this be treated by the current members
    Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things

    By the way guys i am a She not a He

    Adieu/Ciao



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  • snthampi
    07-31 11:52 AM
    Thanks Thampi. Someone does not see that as funny as you. Gave me two reds. But I dont care. That was a just a joke and I did not belittle anyone.

    Don't worry man. Some people take things too personal and just live in a box. This thread is hilarious and inspiring in terms of keeping our spirits high after reading all the negative stuff like waiting for another 5 years for the 485 outcome. So, keep going.





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  • zen
    04-01 03:18 AM
    This is certainly one of the popular thread ..why are we so concerned as to who the next PM will be ..are most of us in the forum so concerned because we may have to pack our bags and return to Mother India ?



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  • chi_shark
    10-28 03:06 PM
    i am curious... if someone leaves a comment with a red or a green dot, how do i get to see the comment?

    Some moron gave me a Red for my post below with the comment ".."

    Seriously dude, if you are so naive as to think that ROW folks are just going sit around and watch EB2 India consume the spillover numbers, then get your head examined or stop smoking that pipe. Have you ever wondered how low the participation is from ROW applicants on these forums? This is simply because for the most part its become a desi forum mostly dominated by EB2 folks.

    Or you can give me another red and stick your head back in the sand (...or in those clouds, whatever the case may be)





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  • poorslumdog
    08-15 09:55 PM
    You might want to read this warning to yourself. I am not a Muslim myself, but solely pointing to the obscureness of the system. Even Kamal Hassan payed a price for his name, it's high time this changes, and this routine harrasment is very comparable to the H1B experience at POE.

    I dont see any Harashment...They are not beating you. Just its extra verification. If you dont like that you are more than welcome not to come here. Everyday hundereds of people going this process and no one is crying foul and why only this time.?



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  • vdlrao
    07-14 02:52 PM
    Your assumption does not hold good for this year. As someone else already pointed out USCIS processed 80 to 85% of year 2008 quoto already, it would have only 15 to 20K visa till october08. For next year, if still the horizontal overflow happens it would add more numbers.

    Nowhere i have seen in EB2 it goes beyond 50K except 2005(but there was AC21 implemented to recapture unused visa on 2005(Overall issued visa were 246,877.)

    EB-2 India would go back to some date in October 2008,but to what date is anybody's guess.Lack of data about EB2 India for 2003,2004 is preventing us from forecasting this.

    My guess for EB-2(I) for 2005 2006-MID JUNE EB2(I) is about 8000 from Perm Data.

    I assume it would move back to 2004 ARP or MID 2005 to start with in 2008 November.

    USCIS starts the Spill over normally after 6 months or 8 months. So to start year 2009 USCIS would have only 800 visa for first quarter for EB2-India.
    For first quarter EB2 India will have 1/4 of 9,800(7% of 140k visas), which are 2,450 visas. I wonder
    how u got 800 visas. I dont see much retrogression in EB2 dates other than some mild ones. And the dates move pretty fast on a whole.
    About EB3: it wont be like now all the time. The Immigration reform bill wont keep failing all the time. There would be a time for it to pass in the next two years. As soon as it passes all our Employment Based categories, specifically EB3, will get greatest benefit with PDs almost becoming current.





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  • eb3India
    11-11 09:10 PM
    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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  • extra_mint
    09-15 12:26 PM
    Totally Agree with your assumptions, there are few more that can be added like

    Some 3-5% people with PD 2005 - 2006 are already approved (as low hanging fruits) during 2008 Aug-Oct period.

    Also recent span of RFE's by USCIS (for preadjudication) resulted in flushing out of some applications

    In short pending EB2 numbers that you are taking into account will be 10 to 20% less and available visa numbers from spill overs will be 20 to 30% more than what you projects. So forward movement will surely be there.

    However there is a doubt related to spill overs every quarter !!
    Allocations are surely made on quarter to quarter basis but there is no certain precedence in the past for spill overs, well i would say the past has been shady

    I recall once VB where EB2 I was giving numbers from EB1 and this was before the last quarter (happened in FY 2008). We have to wait till Dec, 2009 Bulletin.




    The analysis is very optimistic and does not account for

    Duplicates (multiple I-485 for same person)
    Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
    Upgrades (people had EB2 perm but got GC in EB1 category)
    Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)


    If they all makeup to 10-20% of applicants then the PD will move much faster.





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  • americandesi
    08-16 03:39 PM
    Let's look at the following news items

    "If Pepsi is banned in India, I would go to the US and drink it� - SRK in 2006. This shows that SRK is nothing but a money minded freak who'll do anything for big bucks.

    "SRK was cleared in 66 minutes, say US officials". This shows the true picture of the incident and whatever happened was routine and nothing was intended to single out SRK.

    "I was questioned for two hours"- SRK. This shows the dishonesty and exaggeration of the incident, which the actor feels has hurt his ego. It's like "Mommy! US has pinched me OOOOO"

    "I don't feel like stepping on American soil any more, but it is the love and affection of millions of his fans in the US which would bring him to this country again and again." - SRK. It's like "I don't feel like eating Ice-cream anymore. But since you all fans want me to eat it, I'm gonna eat it again and again"

    "Cabinet minister suggested a "tit-for-tat" policy toward Americans traveling to India". This shows that we don't have any brains of our own and a "tit-for-tat" policy is intended more as a revenge rather than a matter of national security.

    "Angry fans in the northern city of Allahabad shouted anti-U.S. slogans and burned an American flag." This shows the ignorance, illiteracy and hero worship that's rampant in India.

    "India to take SRK detention issue strongly with US ". This shows that the govt. of India has got no better things to do, but feels that VIP treatment to movie stars is more important than nation's security. Moreover SRK visit to US was purely personal to promote his film and has got nothing to do with govt. of India.

    "21 farmers end lives in 40 days in Andhra". Is anyone looking into this? Helooooo.



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  • BharatPremi
    12-13 04:27 PM
    we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).

    However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
    if it is indeed found that the rule can be challenged.

    Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?





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  • new_horizon
    03-27 02:08 PM
    I cannot think of any one good leader left in india. not one who can rise above self-interest and narrow mentality. Can you imagine any one of the so called leaders that was mentioned in this list leading the nation, and not be a laughing stock? remember deva gowda at davos...made a mockery of India there. Mayawati/modi, etc. what kind of leadership qualities (international affairs/finance/etc) do they have? the only kind of experience they have is gundaism, and creating conflicts with caste, culture and religion.
    I wish most of the current class of leaders were erased, and a new class of leaders were brought in. Sadly that'll never happen with the kind of democratic setup we have. in the name of representation, we are debarring intellects, and people with broad vision from joining politics.



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  • AirWaterandGC
    05-12 08:04 AM
    Thanks nozerd.
    Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.

    Thanks again.

    A Canadian PR has the right to enter Canada (as opposed to a US PR who does not have the right and can be denied entrance by INS).
    If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).

    Dont know about the reapplying part. Never heard of anyone having done it.





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  • Macaca
    02-18 12:36 PM
    What level of analytic skills are needed to comprehend the following?

    Membership + Funding + Lobbying (Grass Root + Hill) + Patience = Chance of Success
    Anything Else = Absolute Failure



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  • h1techSlave
    12-09 10:14 AM
    " members are more interested in how to get their maid to US, which airline to fly etc etc .." and whether they should purchase a home or not. Members spend all their time in heated arguments for and against purchasing a home. pinto, are you familiar with any such members in this forum? ;););)


    Thanks h1b ...thanks everyone else for the overwhelming support. actually it seems that without core leadership / directions ..IV is fast becoming just like a chat forum or as Indian ambassador would have put -- a headless chicken.
    members are more interested in how to get their maid to US, which airline to fly etc etc ..
    I guess time for rest of us to lay back ...and see what fate has in store without worrying much :D





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  • yogi13229
    07-08 03:10 PM
    I have filled my Green card in Eb3 category. I am planning to now file it in Eb2 Category, but want to retain my Eb3 Priority date (which is 2005) . Please let me know:

    1) How does it affect my current Green card process in case of Rejection of New ( Eb2) or Query on it( RFE).

    2) If a different employer files my green card in EB2 category, at what stage will I have to join this new employer. I am planning to let my new (future) employer file GC in Eb2 while I continue working for my old employee. I will then join the new employer after getting the green card. Is this possible? I want this EB2 case to have the same priority date as EB3.

    3) I Have Already filled 485 in Eb3 category , Do I have to file I485 in Eb2 Again or my Previous Eb3 485 Transfered to this New Eb2 Category

    4) If I have to file New I485 in Eb2 in that case what happened to My Eb3 485

    Thanks
    yogi





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  • anilsal
    11-09 09:33 AM
    This discussion can go on and on. Here is my take.

    * US is one of the countries people are flocking into. Even lots of people from UK, Australia and Canada come here to settle.
    * Given this, whenever there are opportunities to lure people in, there will be takers and people who sell (like preapproved labor). If USCIS puts a stop on preapproved labor, then there will be other avenues to take advantage of.

    You may have others in your field/company who are less-educated than you, younger than you and earning more than you, so can you lose sleep over it? No! It is part of life.

    Just focus your energies on IV and its adoption. :)





    p_aluri
    12-14 03:41 PM
    I would say this is not going to work for us!

    There is country quota for each and every country excluding USA..

    if we argue that there is no quota for countries belongs to ROW,The government can agrue that spill over has happened from under subscribed countries(Below 7% country limit) to over subscribed countries(above 7% country limit) within in the ROW.

    This is the common way of allocating..

    Just my opinion..





    gc28262
    09-24 08:51 AM
    Sent the email to everyone from the list

    http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw

    Sent one to my anti-immigrant congressman as well.



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