senthil1
03-18 11:15 AM
You are using labor substitution and also trying to use Part time work done by you in the college. Think yourself it is correct or not. I am sure it is the mistake of company. Many people in the forum are having 10 years of experience but waiting so long. So the the frustration is acceptable.
Labor substitution is not correct and injustice to those who are waiting for long time even if it is not sold. Legally it may be correct but this practice must be abolished. Only less than 10% of labor substitutions are genueine and others are causing delays to those who are waiting long time.Companies especially consulting companies are using every loophole in the immigration to make money. For example when there is no H1b they are bringing by L1 eventhough that position is not eligible for L1. Actually american system is Law to monitor companies and indivdual are so liberal and expected to follow Ethics. But nowadays in immigration they are trying to find every loophole in the immigration to increase the revenues of Company.
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.]
Labor substitution is not correct and injustice to those who are waiting for long time even if it is not sold. Legally it may be correct but this practice must be abolished. Only less than 10% of labor substitutions are genueine and others are causing delays to those who are waiting long time.Companies especially consulting companies are using every loophole in the immigration to make money. For example when there is no H1b they are bringing by L1 eventhough that position is not eligible for L1. Actually american system is Law to monitor companies and indivdual are so liberal and expected to follow Ethics. But nowadays in immigration they are trying to find every loophole in the immigration to increase the revenues of Company.
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.]
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vkrishn
07-21 02:39 PM
I shouldn't say "Nice to see so many bay area folsk with bad expereience". I should probably use the word Interesting instead of "nice".Sorry about that.
imh1b
07-30 01:18 PM
Sounds like a fake story???? Or may be true. But is very very funny :D
Fake to you because you never had such a chance or courage in life. :D
But this dude is a hero.
This gives others a good idea. Instead of saying NO to Amway guys, people will start flirting with both the e-commerce idea and wife. The Amway guy will now have to decide between making money and his wife.
Fake to you because you never had such a chance or courage in life. :D
But this dude is a hero.
This gives others a good idea. Instead of saying NO to Amway guys, people will start flirting with both the e-commerce idea and wife. The Amway guy will now have to decide between making money and his wife.
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maximus777
06-15 12:13 PM
The original post is fine only in parts but most of it is totally crap. He says his living standard has gone down because of L1s and H1bs and herds people coming from india, Dude you need to understand that this recession has not been caused by H1b and L1s or other IT workers coming to US, its because of the real estate boom and foolishness of american people who believed that real estate prices will keep on rising to INFINITY.. i don't have to explain how this recession started i hope majority of the people knows about it.. so stop blaming IT workforce for your living standard.. another example.. just seen what happened to GM and chrysler.. they failed to understand the market for small cars and fuel efficient cars.. instead they produced gas guzzlers like hummers.. so do you think they have the brightest minds. We are in this deep shit because of the situations created by americans for themselves and now they want to blame it on legal immigrants for there wrong decisions..
I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..
Thanks
Amen to that.
I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..
Thanks
Amen to that.
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bfadlia
02-15 04:31 PM
Who is preventing people of ROW for applying H1b or Green card EB ? Employers look for availability of talent not for country of origin and anyone who competes in the global market wins. If ROW countries have less people with marketable skills or less people who want to work outside their countries,it is not the problem of Chinese or Indians. There is no logic with Employers being forced to wait for visa numbers to comply with diversity. There should be a FIFO system without any country of birth barriers. USCIS wastes more annual visa numbers due to these country caps. Lets make these guys fine tune this immigration system which is actually against the free market capitalist principles of this country.
Employers hire only based on talent, ROW people must have less marketable skills or not want to leave their countries and we need to teach the US on capitalist principles.
You are absolutely right, you didn't miss my point, you completely lost touch with reality.
People who keep asking that we just stop the discussion, tell me how we can focus on the issues with people telling us there r more of them here because they are smarter and more marketable. Is this their idea of how to bring us together?
Employers hire only based on talent, ROW people must have less marketable skills or not want to leave their countries and we need to teach the US on capitalist principles.
You are absolutely right, you didn't miss my point, you completely lost touch with reality.
People who keep asking that we just stop the discussion, tell me how we can focus on the issues with people telling us there r more of them here because they are smarter and more marketable. Is this their idea of how to bring us together?
lazycis
02-13 09:06 AM
I agree that quota system is cumbersome. It would've been much easier just to have one bucket. But I fail to see how it is discriminatory when every coutry gets an equal piece of the pie. It is a classic supply and demand issue, but it's not a discrimination. Consider also the fact that GC is a grace not a right. "Is it not lawful for me to do what I will with mine own?"
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BharatPremi
12-14 04:01 PM
To summarize the discussions on this thread:
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
Addition to this:
--------------
- "7% limit" is not discriminative to "Any country" AND "Restrictive" especially
to the countries from where maximum flow of labor comes.
- When industry demands high number of labor and in the situation of getting majority of this labor from particular
countries only ,since the available labor force in other countries does not match the demand for one or other reason,
then this restriction becomes SENSELESS and useless in all its practical terms and limits.
- "Country of origin based limit" "smells" (In Mark's language..:))
discriminative when employment always have to be related with "skill" AND
THAT IS A ETHICAL OR MORAL PROBLEM
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
Addition to this:
--------------
- "7% limit" is not discriminative to "Any country" AND "Restrictive" especially
to the countries from where maximum flow of labor comes.
- When industry demands high number of labor and in the situation of getting majority of this labor from particular
countries only ,since the available labor force in other countries does not match the demand for one or other reason,
then this restriction becomes SENSELESS and useless in all its practical terms and limits.
- "Country of origin based limit" "smells" (In Mark's language..:))
discriminative when employment always have to be related with "skill" AND
THAT IS A ETHICAL OR MORAL PROBLEM
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saileshdude
05-31 02:26 PM
It is very likely that these pre-adjudicated cases may be revisited for further processing in future for cases with more recent priority dates. This is just my opinion based on the fact of the predicted slow movement of EB-I priority dates in coming months and next fiscal year. Since so many AOS applicant have been pre-adjudicated , EVL RFE may be issued in future for cases who are pre-adjudicated now but their PD will only become current after 2, 3 or 4 years. This may be to verify that the applicant still has job offer at that time when visa becomes available. So I guess pre-adjudicating application, does it really make sense for later PDs? Any comments on this by other members?
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mariner5555
02-14 06:25 AM
What rights did the Natives have in the 18th and 19th centuries when Europeans invaded their lands, and massacred most of them? Did they respectfully ask the Natives if they could immigrate? No? They walked in as if they owned this land. As a Canadian, I'm ashamed to say that this happened in my country too.
Never think of immigration as a privilege - think of it as your birthright - this is your planet and you have the right to go wherever you want. Get into that mentality instead of the groveling "Please sir, I want some more" mentality.
well said. actually there should be corresponding supply of green cards to the demand. as long as jobs are there and people are needed - GC numbers should be increased. but life is never fair - my advice (to those who want) - live life well , try yr best with IV efforts and make as much money as you can(and be ready to move out with it). I think country limits was set in green cards to ensure that not many people come from one country (because they become powerful as their numbers increase and become a voting bloc) - however migration from south changed everything.
Never think of immigration as a privilege - think of it as your birthright - this is your planet and you have the right to go wherever you want. Get into that mentality instead of the groveling "Please sir, I want some more" mentality.
well said. actually there should be corresponding supply of green cards to the demand. as long as jobs are there and people are needed - GC numbers should be increased. but life is never fair - my advice (to those who want) - live life well , try yr best with IV efforts and make as much money as you can(and be ready to move out with it). I think country limits was set in green cards to ensure that not many people come from one country (because they become powerful as their numbers increase and become a voting bloc) - however migration from south changed everything.
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katewill
11-09 09:20 AM
oh well, this is how i feel. "i should have studied more and started with EB2"
rules are rules, fair or unfair.
what have you done other than just waiting? ( i've been waiting too)
while others changed jobs and moved on to EB2 and got GC in 6 month.
maybe you can also search companies with sub labor.
you could have done alot of things if you needed to, but you didn't. (i didn't either)
rules are rules, fair or unfair.
what have you done other than just waiting? ( i've been waiting too)
while others changed jobs and moved on to EB2 and got GC in 6 month.
maybe you can also search companies with sub labor.
you could have done alot of things if you needed to, but you didn't. (i didn't either)
more...
belmontboy
05-29 04:17 PM
We all need to concentrate on being united. No point in pulling down others. This is typical behavior of Indian attitude. Do you think you will get your GC faster if EB1 abuse stops??? I would say no, we would be still stuck in the same shit hole for another 10 years. Why waste energy on this??? We should rather work on more constructive action items.
Our main problem is 7% quota for India, China and other retrogressed countries is simply not enough. We need some relief in any possible way.
Sometime back i did suggest an idea of working towards a separate Quota (not counted towards 140,000) for Masters/PhD students. That horse was beaten to death.
Lets think more positive and list down all actions that we could work.
To start with i suggest on having a separate quota (not counted towards 140,000) for Masters/PhD students. That should ease most of the pain.
If anybody has other bright ideas, feel free
Channel your outrage on a positive action item
Our main problem is 7% quota for India, China and other retrogressed countries is simply not enough. We need some relief in any possible way.
Sometime back i did suggest an idea of working towards a separate Quota (not counted towards 140,000) for Masters/PhD students. That horse was beaten to death.
Lets think more positive and list down all actions that we could work.
To start with i suggest on having a separate quota (not counted towards 140,000) for Masters/PhD students. That should ease most of the pain.
If anybody has other bright ideas, feel free
Channel your outrage on a positive action item
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dealsnet
09-03 11:37 PM
We cannot judge when some one who is no more. No court will punish any one after death. If he is bad, he will face the final JUDGEMENT with every one.
dealsnet,
You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?
dealsnet,
You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?
more...
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software7
05-31 01:52 PM
05/29/2009: TSC is Reportedly in Line with NSC in Processing Time Reduction and Backlog Reduction
They have completed adjudication of almost all of the I-140 petitions which were filed during the FY 2007 Visa Bulletin fiasco (July and August 2007). As for the EB-485 applications, they have preadjudicated 85,000 cases which await the visa number availability beginning from the next fiscal year.
since the EB-485 cases involving fairly early priority dates have been preadjudicated, once the visa numbers progress forward beginning from the new fiscal year, October 2009, a large number of EB-485 waiters are likely to receive approvals of their long-awaited I-485 applications. Hats off to NSC and TSC!!
Lately, I-485 waiters have been receiving RFEs or interview scheduling in a fairly large number. From these reports, we can draw a speculation that these cases have fairly early priority dates and are now undergoing such preadjudications in anticipation for the upcoming visa number availability in early part of FY 2010. They may receive approvals of their cases fairly early in the new fiscal year. With such a good news, please enjoy the SUMMER! .
This excerpt isfomsite www.immigration-law.com with Title 05/29/2009: TSC is Reportedly in Line with NSC in Processing Time Reduction and Backlog Reduction
They have completed adjudication of almost all of the I-140 petitions which were filed during the FY 2007 Visa Bulletin fiasco (July and August 2007). As for the EB-485 applications, they have preadjudicated 85,000 cases which await the visa number availability beginning from the next fiscal year.
since the EB-485 cases involving fairly early priority dates have been preadjudicated, once the visa numbers progress forward beginning from the new fiscal year, October 2009, a large number of EB-485 waiters are likely to receive approvals of their long-awaited I-485 applications. Hats off to NSC and TSC!!
Lately, I-485 waiters have been receiving RFEs or interview scheduling in a fairly large number. From these reports, we can draw a speculation that these cases have fairly early priority dates and are now undergoing such preadjudications in anticipation for the upcoming visa number availability in early part of FY 2010. They may receive approvals of their cases fairly early in the new fiscal year. With such a good news, please enjoy the SUMMER! .
This excerpt isfomsite www.immigration-law.com with Title 05/29/2009: TSC is Reportedly in Line with NSC in Processing Time Reduction and Backlog Reduction
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polapragada
09-24 12:12 AM
I like this idea. And will support it. ANd write the E-mail
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Kodi
05-12 03:08 PM
Tamils live the same life as Sinhala and Muslims, if you're visited sri lanka you would see that. Schools are open to everyone within their respective distances, tamils conduct business same as muslims and sinhala. What you're discussing is something that happened when the country was given independance and the sinhala policy came into act. This is not the case anymore in sri lanka, if it was all the tamils in the country would have moved to the north where their so called saviors were fighting.
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eyeswe
09-15 01:31 PM
It seems most analysts here think that by Q4 2010 the approval of 485 could theorotically reach mid 2006 with a liberal allocation of spill-overs and a conservative estimate of abandonment etc.
My question is in order for CIS to have sufficient 485 cases to review .. will they not need to advance dates still further so they can start reviewing the apps and in 2-4 years time give those folks the GC.. I am specifically talking about all those who missed the July 2007 bus and whose priority date is after july 30, 07.... any hope for poor souls like us to at least file for EAD in 2010?Or is this wishful thinking?
My question is in order for CIS to have sufficient 485 cases to review .. will they not need to advance dates still further so they can start reviewing the apps and in 2-4 years time give those folks the GC.. I am specifically talking about all those who missed the July 2007 bus and whose priority date is after july 30, 07.... any hope for poor souls like us to at least file for EAD in 2010?Or is this wishful thinking?
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bitu72
10-03 06:20 PM
1. You said Original Transcripts( i think you meant notarized copies of my transcripts)
2. How did you guys get experience letter from current employer, probably by saying we are getting visa for our parent to come here... any other ideas???
3. There are certain requirement for pictures to be taken, is it possible to get from walgreens or walmart.
THERE IS ALSO A REQUEST FOR IDENTITY CARD AE THEY ASKING FOR SSN NUMBER IN THERE OR SOMETHING ELSE
2. How did you guys get experience letter from current employer, probably by saying we are getting visa for our parent to come here... any other ideas???
3. There are certain requirement for pictures to be taken, is it possible to get from walgreens or walmart.
THERE IS ALSO A REQUEST FOR IDENTITY CARD AE THEY ASKING FOR SSN NUMBER IN THERE OR SOMETHING ELSE
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chanduv23
07-07 10:25 AM
My question is same as saileshdude. What is the trend USCIS follows when previous employer withdraws the 140 petition 180 days after applying AOS?
(1) Does AC21 letter really go into your file?
(2) What is the trend that is usualy followed ? RFE? or NOID or Straight denial? - I have seen some posts on forums where USCIS sends denials when previous employer withdraws the 140 petition.
Thanks in advance
(1) Does AC21 letter really go into your file?
(2) What is the trend that is usualy followed ? RFE? or NOID or Straight denial? - I have seen some posts on forums where USCIS sends denials when previous employer withdraws the 140 petition.
Thanks in advance
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user1205
02-12 01:30 PM
I haven't seen the ROW dates to be current since 2005 when everything got retrogressed (except the crazy thing that happened last summer).
As far as I know there were A LOT more cases approved in that July fiasco that were from India, I believe the number in June/July was about 3 times the anual quota.
I know you're probably VERY frustrated because of the ROW move while the India cutoff dates are still in 2001 but please don't start the discussion on ROW vs India/Chiana. It's not helping anybody.
I agree that country quotas are wrong and the number of GC per year is ridiculous. But getting people to argue against eachother is not a solution. Supporting the legislative/admin changes is (and I know you've done A LOT to make things happen)
The thing is, as long as there is this per-country quota rationing of green cards, ROW folks will keep moving to the HOV lane and each year, in Oct to Dec timeframe their dates will get current and they will get GCs.
As far as I know there were A LOT more cases approved in that July fiasco that were from India, I believe the number in June/July was about 3 times the anual quota.
I know you're probably VERY frustrated because of the ROW move while the India cutoff dates are still in 2001 but please don't start the discussion on ROW vs India/Chiana. It's not helping anybody.
I agree that country quotas are wrong and the number of GC per year is ridiculous. But getting people to argue against eachother is not a solution. Supporting the legislative/admin changes is (and I know you've done A LOT to make things happen)
The thing is, as long as there is this per-country quota rationing of green cards, ROW folks will keep moving to the HOV lane and each year, in Oct to Dec timeframe their dates will get current and they will get GCs.
ItIsNotFunny
03-26 01:19 PM
......because you are using labor substitution.
At this time nobody can do anything legally against people who are using labor substitution and employers who are secretly selling labor substitution.
This substitution is increasing backlogs, is unfair to people waiting in line, encourages employer exploitation since they use it as an incentive to woo employees and then exploit them, 'selling' is illegal but one must complain against the employer and the employee for DOL to act.
Lawyers are part of this scam. I have read in some posts that even AILA opposed when labor substitution was being ended. It is a lost business opportunity for their lawyer members!!
I have pointed several labor substitution members on the forums in the past. some of them were never found on the forum since they feared being caught. They must have changed their ID or ran away. So until a law is passed for banning it, such 'trade' that hurts our interests will continue.
Good that you guys are only buying labor certifications. There is no 'legal' process to buy greencards directly from employers yet!!
I am not using, but I still agree that given opportunity you should use it.
At this time nobody can do anything legally against people who are using labor substitution and employers who are secretly selling labor substitution.
This substitution is increasing backlogs, is unfair to people waiting in line, encourages employer exploitation since they use it as an incentive to woo employees and then exploit them, 'selling' is illegal but one must complain against the employer and the employee for DOL to act.
Lawyers are part of this scam. I have read in some posts that even AILA opposed when labor substitution was being ended. It is a lost business opportunity for their lawyer members!!
I have pointed several labor substitution members on the forums in the past. some of them were never found on the forum since they feared being caught. They must have changed their ID or ran away. So until a law is passed for banning it, such 'trade' that hurts our interests will continue.
Good that you guys are only buying labor certifications. There is no 'legal' process to buy greencards directly from employers yet!!
I am not using, but I still agree that given opportunity you should use it.
gc28262
06-03 09:53 PM
Giving an interim GC while visa number is unavailable will have the effect of bypassing the entire GC quota system. How do you want the interim card to be different from the final thing? No way that anyone in Congress will allow for their laws to be overridden through USCIS rulemaking.
An easier fix would be to accord a FINAL status for a pre-adjudicated application. USCIS should not/cannot issue an RFE on an application once it has been accorded a FINAL status. The new status FINAL should be visible online and a formal document should be issued to the applicant stating that the application has been accorded a FINAL status.
This is easier to get done rather than an iterim GC. Applicant gets the peace of mind and can go around buying houses, changing jobs etc whereas it is just a procedural change for USCIS.
An easier fix would be to accord a FINAL status for a pre-adjudicated application. USCIS should not/cannot issue an RFE on an application once it has been accorded a FINAL status. The new status FINAL should be visible online and a formal document should be issued to the applicant stating that the application has been accorded a FINAL status.
This is easier to get done rather than an iterim GC. Applicant gets the peace of mind and can go around buying houses, changing jobs etc whereas it is just a procedural change for USCIS.
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