at0474
12-14 03:55 PM
Good summary but let me also add the observation that eliminating the per country quota alone will not bring the desired benefit unless the following are also implemneted
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
--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"
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
--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"
wallpaper of Dominique Strauss-Kahn,
sobyb
05-01 05:17 PM
Tomorrow if we or our generations are getting killed in the US, would you say the same thing. Now do you understand why the country needs to care about its people no matter where they are.
"Tomorrow if we or our generations are getting killed in the US, would you say the same thing" ....
Of course yes! If our generations are US citizens, US govt should take care of them and if they are part of any terrorist organisation, they should be treated the way terrorists are treated.
"Country needs to care about its people" ... Its is in your quote ... Issue is about Srilankan's and their goverment should take care of it, NOT India. I don't think any one has a doubt about how LTTE should be handled.
"Tomorrow if we or our generations are getting killed in the US, would you say the same thing" ....
Of course yes! If our generations are US citizens, US govt should take care of them and if they are part of any terrorist organisation, they should be treated the way terrorists are treated.
"Country needs to care about its people" ... Its is in your quote ... Issue is about Srilankan's and their goverment should take care of it, NOT India. I don't think any one has a doubt about how LTTE should be handled.
drirshad
08-08 04:47 PM
I am one of the July 2nd filer, EB2 India, PD is April 2005 filed 485 at NSC but got a receipt# starting with WAC. First I-485 receipt notice was send me with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it.
Called IO today says as my application receipt# starts with WAC it will processed by the CSC processing dates that is stuck at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.
Is this information from IO valid, what can be done to come out of this problems. Looks like there has been some TSC approvals for WAC receipts but no news on NSC.
Called IO today says as my application receipt# starts with WAC it will processed by the CSC processing dates that is stuck at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.
Is this information from IO valid, what can be done to come out of this problems. Looks like there has been some TSC approvals for WAC receipts but no news on NSC.
2011 Dominique Strauss-Kahn,
_TrueFacts
09-28 09:11 PM
Assets gained by YSR in his 5 years as Ex Chief Minister
• Raheja Corporation land allocation for Infrastructure ( 200 acres in first phase and 300 acres in second phase)- EX CM’s son gets 50 percent share
• 500 acres in the 1000 acres allocation to Gangavaram port
• Brahmani Steels investment – Rs.40,000 crore - EX CM’s son gets 50 percent stake
• Indu and Brahmani Infotech companies get 250 acres with 50 percent stake to EX CM’s son.
• Rs.3500 crore investment for a six million tones Cement factory at Kamalapuram in Kadapa district.
• Rs.6000 crore Hydro electric project -1200 MW in Sikkim– EX CM son gets 50 per cent stake
• 1000 acres bought in and around Bangalore- land cost Rs.Three crore per acre.
• Rs.250 crore commercial complex on Bannerghatta Roadin Bangalore
• 25 acres land in Hyderabad, Kukkapally Housing Board location.
• 90 acres in benami bought in IT corridor area of Gacchibowli .
• 151 acres of granite mining lands in Prakasam district ,Cheemakurthi ( world famous for its black and gold granite stone ) in benami company ( Gimpex ).
• Mauritiusshell companies 2 I Capital , Flury Emerging Capital purchase 125 crore worth shares in Sandur Power Ltd –
• Benami subsidiaries : Bhagavat Sannidhi, Carmel Asia Holdings, Harish Infra, Classic Realty, Janani Infra,Marvel Infra ,SiliconBuilders, Capstain Infra, Shalome Infra, Inspire Hotels
• Purchase of Assigned lands -1000 acres in Kandur village and 500 acres in Chitwel villageof Kadapadistrict .
• Sakshi , newspaper with EX CM’s son as chairman with investment of Rs.600 crore.
1. 40 companies from Kolkatta, Gujarat, Chennai, Bangalore,Maharashtrainvest in Sakshi venture
2. Such unheard of investments from all over Indiain a Telugu news paper venture .
3. Two investors in Sakshi - Artilians Bioinnovations and Stocknet International listed in global stock markets- the share priced at less than Rs. One and promoters stake only 0.3 percent
4. But both companies pay premium of Rs.350 for Sakshi scrips .
5. All companies which invested in Sakshi and Jagati publications get Government projects – Vanpic,SEZ,Mining licenses.
6. Price Waterhouse Cooper ( PwC) of Satyam Computers Scam fame are auditors of Jagati Publications.
7. PwC certifies that Sakshi has a circulation of 12 lakhs daily to beget Govt Ads .
8. AP Govt giving Ads to Sakshi without ABC certificates.
• Ex EX CM’s son has 50 percent stake in Rs.1200 crore 3000 MW power project in Arunachal Pradesh in collaboration with the AP Genco and M/s Athena Power energy and Ventures pvt Ltd .
• Tandla Solutions , another benami unit of EX CM’s son purchased 250 acres in Ranga Reddy district with an investment of Rs.500 crore.
Illegal occupation of thousands of acres in Kadapa District
• Though owned only 120 acres in Idupulapaya Estate EX CM family grabbed over 1000 acres and built a compound wall .All these lands belonged to assigned lands of poor, tank bed lands, temple lands, forest lands and even roads .
• 1000 acres in Kondur village and 500 acres in Chitwel village in illegal occupation of EX CM’s family.
• Bungalow constructed at Pulivendula over 5 acres land at a cost of Rs.Three crore.
Y.S.Vivekananda Reddy
• Chief Ministers brother and Ex MP from Kadapa constructed a complex over 2000 sq yard land in front of HitechCityin Madhapur worth Rs.25 crore belonging to Ghatkesar Gurukul Trust and rented to a software company .
Y V Subba Reddy
• Buillt a Hydro project on Tungabhadra river near Rajolibanda diversion location and affected drinking water source for Mahbubnagar district .
• Encroached 1000 sq yards of Jublee enclave of Jaibheri in the name of Swarnalatha Reddy and illegal lay out approved over surplus land declared .
YSR brother Sudhikar Reddy ( son-in-law of C C Reddy , Govt Advisor)
• He is a partner in a project for mining Illuminate mineral extraction from beach sand in North coastal Andhra coast in collaboration with an Switzerlandcompany Bothlitrade Inc .
B. Yuvaraj Reddy (YS cousin)
• Reports of embezzlement of Rs. 2.60 Crore in the Yuvraj Chit funds by Yuvraj Reddy.
Ravindranath Reddy, brother-in law of YS
• Tried to grab farm lands in Denduluru villageof West Godavaridistrict in the name of setting up a fertilizer factory .
• He was instrumental in getting the irrigation contract of Sarvarayasagar-Vamikonda -Galeru nagari second phase works to IVRCL through Gamon India ltd.
• Encroached 3084 sq.ds of land in Survey No 67 of Madhapur ( IT corridor ) , regularization as landof Kothagudainstead of Madhapur.
EX CM’s relatives (Biradari)
• Four acres of land worth Rs. 50 crore in Pokkalavada of Manikonda in Rajendranagar Mandal of R R District given to close relatives of YS in the name of Genus Sajarath Ministries for setting up a Orphanage and Old age home, prayer hall and recreation at a lease of just Rs. 40,000 per annum for 33 years .
• Relatives Y S Madhusudhan Reddy, Venugopal Reddy , Pratap Reddy grab 3.15 acres of land valued at Rs.15 crore in survey no 682/4.684/4, 700/2 near S V Subba Reddy college in Kadapa town
.
Outer ring Road scam
• Bharati Reddy ( wife of EX CM’s elder brother )
1. Bought 8.35 acres in Kolluru in 2005 September in survey no 148 and paid Rs.35.5 lakhs but now valued at Rs.13 crore.
• Y V Subba Reddy – Relative
1. Two acres ( survey no 25 ) in Osman sagar
2. 68.8 acres in Survey No- 117,119,121,122,123,124,125,126,131.132.134,136,14 1 . Land valued at Rs.20 crore when closer to the ring road but now valued at Rs.125 crore after alignment of the Ring Road altered to benefit them .
• Ramasubbamma ( Another close relative)
She bought 3.28 acres in Kolluru Survey No-194/B and paid just Rs.22.20 lakhs but today valued at Rs. Six crore.
LAND GARNERED BY THE YS RELATIVES AND FAMILY IN AND AROUND OUTER RING ROAD IS 79.3 ACRES AND EXPECTED TO GAIN RS.100 CRORE.
Same story in Visakha Pharma city
• Parthasarathy Reddy, chairman of Hetero Drugs is a close associate of Chief Minister.
• Hetero Drugs could get land in Visakha Pharma city and Jedcherla Formulations SEZ at throw away prices .
• Hetero drugs later within days invested Rs.13 crores in the Jagati publications enterprise of EX CM’s son .
Ramky gets cheap land
• Aeros Project , a subsidiary of Ramky an IT company also invested Rs 7.77 crore in the Jagati Publications.
• Ramky got favors from the Government in various forms. Given land allocations in Visakha Pharma city , exempted from land taxes in the lands near Shamshabad airport . Got 19 acres from Housing board for throw away price .Blessings of the Govt in its real estate business.
Jedcherla to Jagati
• Another pharma company that benefited from investment in Jagati is Arabindo Pharma .
• The Trident Life Sciences , a subsidiary of Arabindo Pharma invested Rs.6.8 crore in Jagati publications.
• In turn it could get the Jedcherla formulations SEZ .
• Hetero drugs and Arabindo pharma are managing the Jedcherla SEZ.
Nadargul operators in Jagati:
• Potluri Hariprasad, the key architect in Nadargul land scandal has also invested Rs.48.61 crore in the Jagati publications .
• Bogus companies and benami individuals mortgaged the lands of Nadargul for a loan of Rs.800 crore.
Cement Syndicate:
• AP government favored Dalmia Cements, India Cements and Penna Cements to sell cement at Rs. 200 per bag in turn for their investments in Jagati Publications.
• Raheja Corporation land allocation for Infrastructure ( 200 acres in first phase and 300 acres in second phase)- EX CM’s son gets 50 percent share
• 500 acres in the 1000 acres allocation to Gangavaram port
• Brahmani Steels investment – Rs.40,000 crore - EX CM’s son gets 50 percent stake
• Indu and Brahmani Infotech companies get 250 acres with 50 percent stake to EX CM’s son.
• Rs.3500 crore investment for a six million tones Cement factory at Kamalapuram in Kadapa district.
• Rs.6000 crore Hydro electric project -1200 MW in Sikkim– EX CM son gets 50 per cent stake
• 1000 acres bought in and around Bangalore- land cost Rs.Three crore per acre.
• Rs.250 crore commercial complex on Bannerghatta Roadin Bangalore
• 25 acres land in Hyderabad, Kukkapally Housing Board location.
• 90 acres in benami bought in IT corridor area of Gacchibowli .
• 151 acres of granite mining lands in Prakasam district ,Cheemakurthi ( world famous for its black and gold granite stone ) in benami company ( Gimpex ).
• Mauritiusshell companies 2 I Capital , Flury Emerging Capital purchase 125 crore worth shares in Sandur Power Ltd –
• Benami subsidiaries : Bhagavat Sannidhi, Carmel Asia Holdings, Harish Infra, Classic Realty, Janani Infra,Marvel Infra ,SiliconBuilders, Capstain Infra, Shalome Infra, Inspire Hotels
• Purchase of Assigned lands -1000 acres in Kandur village and 500 acres in Chitwel villageof Kadapadistrict .
• Sakshi , newspaper with EX CM’s son as chairman with investment of Rs.600 crore.
1. 40 companies from Kolkatta, Gujarat, Chennai, Bangalore,Maharashtrainvest in Sakshi venture
2. Such unheard of investments from all over Indiain a Telugu news paper venture .
3. Two investors in Sakshi - Artilians Bioinnovations and Stocknet International listed in global stock markets- the share priced at less than Rs. One and promoters stake only 0.3 percent
4. But both companies pay premium of Rs.350 for Sakshi scrips .
5. All companies which invested in Sakshi and Jagati publications get Government projects – Vanpic,SEZ,Mining licenses.
6. Price Waterhouse Cooper ( PwC) of Satyam Computers Scam fame are auditors of Jagati Publications.
7. PwC certifies that Sakshi has a circulation of 12 lakhs daily to beget Govt Ads .
8. AP Govt giving Ads to Sakshi without ABC certificates.
• Ex EX CM’s son has 50 percent stake in Rs.1200 crore 3000 MW power project in Arunachal Pradesh in collaboration with the AP Genco and M/s Athena Power energy and Ventures pvt Ltd .
• Tandla Solutions , another benami unit of EX CM’s son purchased 250 acres in Ranga Reddy district with an investment of Rs.500 crore.
Illegal occupation of thousands of acres in Kadapa District
• Though owned only 120 acres in Idupulapaya Estate EX CM family grabbed over 1000 acres and built a compound wall .All these lands belonged to assigned lands of poor, tank bed lands, temple lands, forest lands and even roads .
• 1000 acres in Kondur village and 500 acres in Chitwel village in illegal occupation of EX CM’s family.
• Bungalow constructed at Pulivendula over 5 acres land at a cost of Rs.Three crore.
Y.S.Vivekananda Reddy
• Chief Ministers brother and Ex MP from Kadapa constructed a complex over 2000 sq yard land in front of HitechCityin Madhapur worth Rs.25 crore belonging to Ghatkesar Gurukul Trust and rented to a software company .
Y V Subba Reddy
• Buillt a Hydro project on Tungabhadra river near Rajolibanda diversion location and affected drinking water source for Mahbubnagar district .
• Encroached 1000 sq yards of Jublee enclave of Jaibheri in the name of Swarnalatha Reddy and illegal lay out approved over surplus land declared .
YSR brother Sudhikar Reddy ( son-in-law of C C Reddy , Govt Advisor)
• He is a partner in a project for mining Illuminate mineral extraction from beach sand in North coastal Andhra coast in collaboration with an Switzerlandcompany Bothlitrade Inc .
B. Yuvaraj Reddy (YS cousin)
• Reports of embezzlement of Rs. 2.60 Crore in the Yuvraj Chit funds by Yuvraj Reddy.
Ravindranath Reddy, brother-in law of YS
• Tried to grab farm lands in Denduluru villageof West Godavaridistrict in the name of setting up a fertilizer factory .
• He was instrumental in getting the irrigation contract of Sarvarayasagar-Vamikonda -Galeru nagari second phase works to IVRCL through Gamon India ltd.
• Encroached 3084 sq.ds of land in Survey No 67 of Madhapur ( IT corridor ) , regularization as landof Kothagudainstead of Madhapur.
EX CM’s relatives (Biradari)
• Four acres of land worth Rs. 50 crore in Pokkalavada of Manikonda in Rajendranagar Mandal of R R District given to close relatives of YS in the name of Genus Sajarath Ministries for setting up a Orphanage and Old age home, prayer hall and recreation at a lease of just Rs. 40,000 per annum for 33 years .
• Relatives Y S Madhusudhan Reddy, Venugopal Reddy , Pratap Reddy grab 3.15 acres of land valued at Rs.15 crore in survey no 682/4.684/4, 700/2 near S V Subba Reddy college in Kadapa town
.
Outer ring Road scam
• Bharati Reddy ( wife of EX CM’s elder brother )
1. Bought 8.35 acres in Kolluru in 2005 September in survey no 148 and paid Rs.35.5 lakhs but now valued at Rs.13 crore.
• Y V Subba Reddy – Relative
1. Two acres ( survey no 25 ) in Osman sagar
2. 68.8 acres in Survey No- 117,119,121,122,123,124,125,126,131.132.134,136,14 1 . Land valued at Rs.20 crore when closer to the ring road but now valued at Rs.125 crore after alignment of the Ring Road altered to benefit them .
• Ramasubbamma ( Another close relative)
She bought 3.28 acres in Kolluru Survey No-194/B and paid just Rs.22.20 lakhs but today valued at Rs. Six crore.
LAND GARNERED BY THE YS RELATIVES AND FAMILY IN AND AROUND OUTER RING ROAD IS 79.3 ACRES AND EXPECTED TO GAIN RS.100 CRORE.
Same story in Visakha Pharma city
• Parthasarathy Reddy, chairman of Hetero Drugs is a close associate of Chief Minister.
• Hetero Drugs could get land in Visakha Pharma city and Jedcherla Formulations SEZ at throw away prices .
• Hetero drugs later within days invested Rs.13 crores in the Jagati publications enterprise of EX CM’s son .
Ramky gets cheap land
• Aeros Project , a subsidiary of Ramky an IT company also invested Rs 7.77 crore in the Jagati Publications.
• Ramky got favors from the Government in various forms. Given land allocations in Visakha Pharma city , exempted from land taxes in the lands near Shamshabad airport . Got 19 acres from Housing board for throw away price .Blessings of the Govt in its real estate business.
Jedcherla to Jagati
• Another pharma company that benefited from investment in Jagati is Arabindo Pharma .
• The Trident Life Sciences , a subsidiary of Arabindo Pharma invested Rs.6.8 crore in Jagati publications.
• In turn it could get the Jedcherla formulations SEZ .
• Hetero drugs and Arabindo pharma are managing the Jedcherla SEZ.
Nadargul operators in Jagati:
• Potluri Hariprasad, the key architect in Nadargul land scandal has also invested Rs.48.61 crore in the Jagati publications .
• Bogus companies and benami individuals mortgaged the lands of Nadargul for a loan of Rs.800 crore.
Cement Syndicate:
• AP government favored Dalmia Cements, India Cements and Penna Cements to sell cement at Rs. 200 per bag in turn for their investments in Jagati Publications.
more...
jeet
07-03 11:54 AM
I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
eb2_mumbai
09-15 03:10 PM
Since EB2-I is slowly catching up with EB2-C, future spill overs will be split between the two categories and not all will go to EB2-I.
you are correct India will get only 50% of sipill over numbers and we need to take into account how many China applications are pending (perhaps there are more China apps than India in EB2)
you are correct India will get only 50% of sipill over numbers and we need to take into account how many China applications are pending (perhaps there are more China apps than India in EB2)
more...
chanduv23
07-04 11:28 AM
While it is totally understandable that everyone get angry when rubbed in the wrong way - we must all remember that we are immigrants in this country and the country is currently driven by perception about job loses, terror plots, security threats etc..
In discussion forums or free speech forums, be very very careful - it is easy to trigger anger and get into heated discussions.
Please tone down the rhetoric and also tell your friends also.
In discussion forums or free speech forums, be very very careful - it is easy to trigger anger and get into heated discussions.
Please tone down the rhetoric and also tell your friends also.
2010 Dominique Strauss-Kahn: New revelations that Dominique Strauss-Kahn#39;s
Imigrait
06-15 07:37 PM
Guys, I am sure everyone in this forum will get greencard, unless they don't want it. You just need to be patient and wait for your turn. My priority date is 06/03 and EB3. I am pretty sure, I should get my GC by EOY 2011. I am in this country since 1997. Just hang on to your jobs or find a job if you loose one. You will get your GC. GC shouldn't stop you from pursuing your interests buying house or starting a business, there are always ways to do it.
How're you sure? :confused: or would you rather say you hope and think that this is a possibility.
How're you sure? :confused: or would you rather say you hope and think that this is a possibility.
more...
thomachan72
01-14 09:14 AM
I think the other intersting point is - Does the employer provide any benefits to the beneficiary/employee?
Almost no desi dalla provides medical insurance to its employees...it will be interesting how USCIS handles this and whether they will make it a point or not?
what the heck are you talking about. If there is any specific cases of abuse please contact the CIS and report those. Dont say "almost all" etc on this website. That might not be true and we dont want general statements like these to hurt the prospects of our members.
Almost no desi dalla provides medical insurance to its employees...it will be interesting how USCIS handles this and whether they will make it a point or not?
what the heck are you talking about. If there is any specific cases of abuse please contact the CIS and report those. Dont say "almost all" etc on this website. That might not be true and we dont want general statements like these to hurt the prospects of our members.
hair Strauss-Kahn
whoever
04-28 12:48 PM
so no more labor substitution han? that sounds so sweet to me. we should expect pd movement for eb3 now and maybe for eb2 too now. and this is the best news i have heard in such a long time.
more...
gc28262
09-04 11:48 AM
Deleting this thread does not change the facts nor does IMV will gain anything out of it. The reason we even discuss these things here other than immigration is because we have immigrated and we have a common bonding.
_TrueFacts,
IMO IV is not a social networking site for Indians. IV was established for a purpose. Anything that goes against IVs intention should be deleted.
First of all this topic is not at all related to immigration.
More importantly this thread will cause lot of bad publicity for us.
After few weeks you will see TR and Co picking up on this thread and quoting it.
It doesn't matter whether YSR is good or bad, speaking ill of a dead person is considered uncivilized.
_TrueFacts,
IMO IV is not a social networking site for Indians. IV was established for a purpose. Anything that goes against IVs intention should be deleted.
First of all this topic is not at all related to immigration.
More importantly this thread will cause lot of bad publicity for us.
After few weeks you will see TR and Co picking up on this thread and quoting it.
It doesn't matter whether YSR is good or bad, speaking ill of a dead person is considered uncivilized.
hot in Dominique Strauss-Kahn
trueguy
09-23 04:44 PM
I am waiting for my GC to buy a house.
I second that. I am waiting for my GC before I make such a huge commitment to this country.
I second that. I am waiting for my GC before I make such a huge commitment to this country.
more...
house Dominique Strauss-Kahn
apnair2002
04-29 09:23 AM
04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
tattoo Strauss-Kahn#39;s lawyer Benjamin
Ramba
03-30 03:32 PM
That is the tragedy of India. Except Indians everybody has ruled India and still people have no remorse, no self respect.
India is very difficult to rule. Thats why we outsource that. It is not a joke.
Even after independence, Nehru had very strong majority goverment. Still he had a problems in ruling the country. He had lot of vision in economy, poverty, socialism etc.. But he and subsequent PMs (mostly congress) failed becuse of unimaginable local issues based on India's diversity and polygenious nature of the state. India is a victim of its own diversity and long/old (and strong) regional history. This diversity includes language, tradition, culture, food habit, religion, caste and so on. Therefore, India is victim of its own division and diversity. India is untied or born in 1947 because of British rule. Infact, there is no country called Republic of India before 1947. Indian constitution (or concept of united India) is brand new compare to regional history. Naturally, regional interest always prevails. So ruling India is still a new and uphill task. 60 years is very less to come to conclusion. Thats why, all congress PMs had failed in reforms. And now in the information age, India become materialistic, everybody wants everything. So naturally corruption increases. So one can not blame just congress alone for the mess.
India is very difficult to rule. Thats why we outsource that. It is not a joke.
Even after independence, Nehru had very strong majority goverment. Still he had a problems in ruling the country. He had lot of vision in economy, poverty, socialism etc.. But he and subsequent PMs (mostly congress) failed becuse of unimaginable local issues based on India's diversity and polygenious nature of the state. India is a victim of its own diversity and long/old (and strong) regional history. This diversity includes language, tradition, culture, food habit, religion, caste and so on. Therefore, India is victim of its own division and diversity. India is untied or born in 1947 because of British rule. Infact, there is no country called Republic of India before 1947. Indian constitution (or concept of united India) is brand new compare to regional history. Naturally, regional interest always prevails. So ruling India is still a new and uphill task. 60 years is very less to come to conclusion. Thats why, all congress PMs had failed in reforms. And now in the information age, India become materialistic, everybody wants everything. So naturally corruption increases. So one can not blame just congress alone for the mess.
more...
pictures The demise of Strauss-Kahn
kevin08
03-28 12:47 AM
remove Atalaji...add Bahenji.
dresses Dominique Strauss-Kahn#39;s
Subst_labor
03-17 10:32 PM
Subst_labor, you became an annonymous member today only to post this question. I am sure you must be a regular member of IV but created a new profile just for this question.
Why don't you tell us how much you bought your labor for? Show us a proof that you have not bought it.
I think I made a mistake of answering your post and apologize for that to all members. I also urge people not to answer anyone with substitute labor on this forum.
such people cut in line in front of us and don't even bother paying money to IV. Why should we give them free advice. If they can spend money buying labor for 20K they can spend hundred dollars and consult a lawyer and ask their question. It is with such mentaility they are brought up with in their country- Currption and getting things done with money. But never paying anyone for a just cause. In my country people contribute only when they fear god in temples, for medical treatment or to astrologers!!
I also urge moderators to close such threads on this forum whenever someone is diagnosed with a substitute labor cancer. Yes it is a cancer that is worsening retrogression further.
At least on this forum we can have the resolve to fight such people who are hurting most of us.
Now if someone argues with me on this post, then it will mean that either that person has himself bought a substitute labor or is looking for one. So don't even bother because a lot of members after reading this post will come hard on people who are ok with substitute labor on this forum.
Mr. Janak,
Do you understand English? First of all, i had mentioned, i am BEING offered, meaning i havent gone for the labor yet and even if i do there will be no buying or selling involved.
Second of all, i am sick and tired of stereotype Indians like you, who ASSUME everything without knowing anything and come out with your own theories from the bizzarro world [i know, pathetic loosers like to vent at any and every opportunities they get. Spare me your crap, if u dont know anything and cant help, then just stay quiet.]
Why don't you tell us how much you bought your labor for? Show us a proof that you have not bought it.
I think I made a mistake of answering your post and apologize for that to all members. I also urge people not to answer anyone with substitute labor on this forum.
such people cut in line in front of us and don't even bother paying money to IV. Why should we give them free advice. If they can spend money buying labor for 20K they can spend hundred dollars and consult a lawyer and ask their question. It is with such mentaility they are brought up with in their country- Currption and getting things done with money. But never paying anyone for a just cause. In my country people contribute only when they fear god in temples, for medical treatment or to astrologers!!
I also urge moderators to close such threads on this forum whenever someone is diagnosed with a substitute labor cancer. Yes it is a cancer that is worsening retrogression further.
At least on this forum we can have the resolve to fight such people who are hurting most of us.
Now if someone argues with me on this post, then it will mean that either that person has himself bought a substitute labor or is looking for one. So don't even bother because a lot of members after reading this post will come hard on people who are ok with substitute labor on this forum.
Mr. Janak,
Do you understand English? First of all, i had mentioned, i am BEING offered, meaning i havent gone for the labor yet and even if i do there will be no buying or selling involved.
Second of all, i am sick and tired of stereotype Indians like you, who ASSUME everything without knowing anything and come out with your own theories from the bizzarro world [i know, pathetic loosers like to vent at any and every opportunities they get. Spare me your crap, if u dont know anything and cant help, then just stay quiet.]
more...
makeup Dominique Strauss-Kahn
navin80
07-21 10:31 AM
Company A applied for labor(EB2) in Dec2006. It was approved.
My I140 was filed in March 2007 and approved on Jan 10 2008.
I did not file for I485 in August last year.
I had changed companies in April 2007.Presenly I am on Company B payroll.
Now, If I move back to Company A, would I be able to apply for my I485 when the date opens.
The online status for I140 says, Approved.
I am in good terms with both the employers.
If I move to company A; at the time of applying I485, do I need to have paystubs from Company A?
Please help. Thanks.
My I140 was filed in March 2007 and approved on Jan 10 2008.
I did not file for I485 in August last year.
I had changed companies in April 2007.Presenly I am on Company B payroll.
Now, If I move back to Company A, would I be able to apply for my I485 when the date opens.
The online status for I140 says, Approved.
I am in good terms with both the employers.
If I move to company A; at the time of applying I485, do I need to have paystubs from Company A?
Please help. Thanks.
girlfriend Strauss-Kahn previously
yvjoshi100
07-10 05:28 PM
Hi,
My appeal against EB2 I140 denial on Chartered Accountant degree issue was recently turned down by AAO. Can I any how contest this decision further without getting my employer involved. They are not interested in pursuing this further. Can I file any type of appeal before BAI or any other court on personal basis ?
Thanks.
My appeal against EB2 I140 denial on Chartered Accountant degree issue was recently turned down by AAO. Can I any how contest this decision further without getting my employer involved. They are not interested in pursuing this further. Can I file any type of appeal before BAI or any other court on personal basis ?
Thanks.
hairstyles Dominique Strass-Khan, 62,
oguinan
02-14 12:19 PM
The debate is interesting for a couple of reasons. First, it demonstrates that the EB system is very complex and any change causes ripple effects throughout the entire system. Second, we cannot talk to elected representatives about the immigration system if we do not have a complete understanding of it. We have to go into discussions with the idea that we have made a complete assessment of the impact of our proposals, that we recognize the issues and risks involved in each proposal.
The 485 filing without a current priority date is a really good example of the kind of debate that should be happening here. It would be nice if we could provide interim benefits to people who have been waiting for a long time to get a green card. Allowing anybody with an approved labour certification to immediately file for their 485 is clearly a bad idea given the constraints of the system as outlined by unitednations. We could make a change in our proposal so that only people with, say, a five year old priority date and an approved 140 could file for their 485 without a current priority date.
This is one of the most constructive threads that I have followed on IV over the past few months - good job all round.
oguinan
It is an important topic.
Reason is:
2005 and prior; certain countries went over their limit. If they hadn't gone over their limit then EB3 would not have gone unavailable. If EB3 would not have gone unavailable then EB3 ROW would have much more advanced dates. Countries cannot go over their 7% limit now until ROW eb3 essentially gets current. If they had done it in the past then maybe eb3 row would be current and the other countries can go over their 7% limit and their dates would also have advanced. Due to what happened in 2005 the dates are further back for everyone then they should have been.
How it is working and how it is supposed to work is important in people making their decisions; ie., should i file in eb2 or eb3?
What is impact by eliminating the 7% limit
What would happen if there is 485 filing without priority date being current and there is a hard cap of 7%. There would never, ever be unused visas for china, india. They would have never ending retrogression.
For people who constantly watch visa bulletin; the dates won't move forward until fourth quarter when eb1 and eb2 visas get spilled over.; so no sense in waiting for it so eagerly.
The 485 filing without a current priority date is a really good example of the kind of debate that should be happening here. It would be nice if we could provide interim benefits to people who have been waiting for a long time to get a green card. Allowing anybody with an approved labour certification to immediately file for their 485 is clearly a bad idea given the constraints of the system as outlined by unitednations. We could make a change in our proposal so that only people with, say, a five year old priority date and an approved 140 could file for their 485 without a current priority date.
This is one of the most constructive threads that I have followed on IV over the past few months - good job all round.
oguinan
It is an important topic.
Reason is:
2005 and prior; certain countries went over their limit. If they hadn't gone over their limit then EB3 would not have gone unavailable. If EB3 would not have gone unavailable then EB3 ROW would have much more advanced dates. Countries cannot go over their 7% limit now until ROW eb3 essentially gets current. If they had done it in the past then maybe eb3 row would be current and the other countries can go over their 7% limit and their dates would also have advanced. Due to what happened in 2005 the dates are further back for everyone then they should have been.
How it is working and how it is supposed to work is important in people making their decisions; ie., should i file in eb2 or eb3?
What is impact by eliminating the 7% limit
What would happen if there is 485 filing without priority date being current and there is a hard cap of 7%. There would never, ever be unused visas for china, india. They would have never ending retrogression.
For people who constantly watch visa bulletin; the dates won't move forward until fourth quarter when eb1 and eb2 visas get spilled over.; so no sense in waiting for it so eagerly.
ufo2002
05-11 02:04 PM
I agree with jnayar here... but everyone keep in mind that no system is perfect. But the US employment-based system has serious flaws... especially in today's more globalised-based economy. The requirement that someone stays in the "same job role / same employer" throughout the green card process probably made sense back in the old days when people usually tend to work their entire lives for one company. Today, that no longer makes sense. Employers everywhere almost have worker turnarounds of 2 years on average. That means given the average GC process is about 6 years, you could be looking at someone potentially changing employers 3 times!
Would anyone like to continue working on the same role/salary for 6 years, given that costs of living increase annually? Of course not.
I know that Australia has a "job-based" PR process, but it doesn't bind you to one specific employer... so at least you do have the freedom to decide what job you would like to take on.
The question of immigration to which country is better would probably yield one and the same answer based on the parameters that appear relevant to most people. However, the comparison of immigration processes and systems is an entirely different question - in theory, an employment based immigration system would be a lot better if it is based on correct assumptions. However, an employmet based system that ties an employee to the same job for the duration of the application process, and which requires that the same application processing be redone every time an employee changes jobs, while curtailing the maximum period of time the employee can work in the country is flawed. If the reasoning behind this is that the employee has to show that he/she is indespensible to that one job (with all the highly specific skills that come attached to the job description) which no US citizen/resident is qualified to do, should statistics not show that the majority of positions for which green cards were applied for and obtained have the same employee continuing in that role long after the said employee gets a green card? I would be very surprised if the numbers show that a significant number of employees stick around for any period longer than a year or so in their current, gc-approved roles (and by that, I mean the exact same role for which the GC was applied for - be it with the same company or elsewhere.). In a dynamic market for labor where "skillability" and "learnability" are much more important than current skills and learning, how important is the applicability of a person's current skills to a job that would anyway keep evolving or even changing altogether, during the 6 years of so that a person is employed in that capacity while waiting for the green card?
Just my $0.02.
Would anyone like to continue working on the same role/salary for 6 years, given that costs of living increase annually? Of course not.
I know that Australia has a "job-based" PR process, but it doesn't bind you to one specific employer... so at least you do have the freedom to decide what job you would like to take on.
The question of immigration to which country is better would probably yield one and the same answer based on the parameters that appear relevant to most people. However, the comparison of immigration processes and systems is an entirely different question - in theory, an employment based immigration system would be a lot better if it is based on correct assumptions. However, an employmet based system that ties an employee to the same job for the duration of the application process, and which requires that the same application processing be redone every time an employee changes jobs, while curtailing the maximum period of time the employee can work in the country is flawed. If the reasoning behind this is that the employee has to show that he/she is indespensible to that one job (with all the highly specific skills that come attached to the job description) which no US citizen/resident is qualified to do, should statistics not show that the majority of positions for which green cards were applied for and obtained have the same employee continuing in that role long after the said employee gets a green card? I would be very surprised if the numbers show that a significant number of employees stick around for any period longer than a year or so in their current, gc-approved roles (and by that, I mean the exact same role for which the GC was applied for - be it with the same company or elsewhere.). In a dynamic market for labor where "skillability" and "learnability" are much more important than current skills and learning, how important is the applicability of a person's current skills to a job that would anyway keep evolving or even changing altogether, during the 6 years of so that a person is employed in that capacity while waiting for the green card?
Just my $0.02.
WAIT_FOR_EVER_GC
07-22 12:50 PM
$$$$$$$$$$$$$$$$$$
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