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  • sparky_jones
    05-28 10:43 PM
    "When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009"

    What demand? Aren't these categories already "Unavailable" for the rest of FY2009? What will generate the demand? His earlier statements seem to suggest they have a pretty good handle on the number of cases pending and the EB categories and chargeabilities of those cases. Should'nt they already have a pretty good handle on the demand? On one hand, Mr. Oppenheim is throwing out numbers like they've got it all figured out...and immediately after that he makes a statement which implies they haven't a clue!





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  • perm2gc
    10-04 06:44 PM
    I just got to this site via from immigration portal.
    I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

    No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

    The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

    Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
    I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

    Following reforms are needed in Labor Substitution.

    - First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

    - When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

    - If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

    - There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

    In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

    neocor


    i am aware my threads on same scenario..do we need to discuss same thing again and again..please search the forum before opening new thread...





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  • vdlrao
    08-15 04:33 AM
    Seeing Sep 2008 bulletin I felt happy:). I presume in October 2008 bulletin the EB2 India/china Priority dates go back. But its a mild retrogression for a short span of time. After that the dates start catching up current again. EB2 India becoming current is inevitable.

    We need a legilation change for any considerable movement in EB3 India. I am presuming in the next two years there will be considerable changes in EB category immigration which directly relief EB3 India.




    mpadapa has given almost exact count on EB limit for 2008.

    http://immigrationvoice.org/forum/showpost.php?p=265989&postcount=90





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  • return_to_india
    05-12 10:10 PM
    I have seen lot of Tamil folks in Kerala ( mainly migrated for construction work ). THose who came earlier speak good Malayalam.



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  • somegchuh
    10-18 03:42 PM
    What's your choice? Home Country and Canada. The choice isn't between US and Canada. If you had an option to live in US you wouldn't be talking about canada.

    If you compare US to canada you are all set for disappointment. The taxes are higher and jobs are definitely harder to find. Eveything is a little more expensive compared to US. (If you look at books CDN prices are always higher). But on the other hand, houses are way cheaper. What cost 600 K in SF Bay Area costs 350 K in Toronto suburb.

    Canada still has a higher standard of living than Europe/Australia. I recently met someone who's been in Canada for 40 years and he told me that the highest tax bracket is 35%. It used to be 45% about 10 years ago.

    Anyway, compare with going back home not US.


    Say even if you get the canadian PR, you have to pay tax's close to 45%.

    Medical is free but unless you are really sick or anticipate being sick, I think its not much of value. And if you are in a decent comp in the US you get almost free care.

    Also the job senario is not as good as its in the US. I heard its a lot more harder to get a job in Canada. Yes its true with PR you can work anywhere but how many of us will do that.

    In fact one of my friend told me the cost of living is higher there.

    I maybe naive and have limited knowledge about Canada, but from the above observations I think one will be disappointed to go to Canada from US.





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  • TeddyKoochu
    09-17 03:09 PM
    Yeah that might be true.

    The rate at which 2004 folks are getting approved that probably only 300 applications are left for pre Jan 2005. More approvals augur well for everybody.



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  • johnmcdonald98
    04-23 01:48 PM
    I work for this company and I moved to the different state. Now my company has approved labor from the state I was before in with similar job as mine with similar degree as mine. What do you guys say, should I go for substitution? Lawyer says that even though I am in a different state, he can apply for this, but if it takes more than 6 months, he will file state change and I will be ok. Worst case is, I have to move, but only when its approved. What do you guys say, should I go for it?





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  • ras
    07-12 06:21 PM
    I kind of see only couple of questions being answered. Is the immigration attorney answering the questions atleast those questions who have their full profile on IV?



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  • Kushal
    07-27 03:20 PM
    If you are making lot of money "more than $115". Please donate it to IV.

    I have been donating more money to IV over 4 years then you do, and will keep on doing. Do you?
    There are lot of action items to meeting lawmakers. Why don't get your focus on that?





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  • sk2006
    03-31 08:54 PM
    Sanjay, just ignore them. These are the very same people who are taught from childhood to stab in back. They will not dare to put a post rather they type bad words in comments.

    You think you are more patriotic than I?
    What makes you think so?

    Do you think discussing politics on immigration forum makes you more patriotic? Huh?

    BTW, I was not the one to give you bad comments... I just gave you red after reading your responses to my original post.



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  • brij523
    02-13 09:12 AM
    Lazycis, Some year back Rajiv did file class action lawsuit. It costed him 1/4 millions + dollars of efforts.



    I think the good start is to consult with Rajiv Khanna. He has an experience in class-actions/federal litigation and will tell whether it is feasible to go this way. It will cost $600 (approximately). To file a class-action complaint will cost around $10k. The rest depends on the lenght of the proceedings, but my estimate is another 20-30k. Peanuts comparing to lobbying :) IV may not want to go this way, as Mark Bartosik once explained, it may hurt its other efforts. If that's the case, potential plaintiffs can work with lawyers directly.





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  • smuggymba
    01-14 10:19 AM
    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.

    I understand. But it's true. I have many friends and these body shoppers don't pay for their medical insurance and all of my friends have a tough time - even Kforce etc doesn't pay if you're a contractor directly hired by them. Infosys, TCS pays and provides all kinds of benefits for people on H1, I don't know what ppl are against companies that have good business practice.

    Deloitte, Accenture, IBM brings ppl from other countries on L1 - why balme Infosys, TCS.



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  • Macaca
    07-04 10:25 AM
    Any URLs that make the following (in IV press release) look more believable

    resulting in inconvenience to at least 100,000 skilled professionals waiting to file for "adjustment of status"
    One estimate puts the expenses by applicants over the last two weeks at over $6,000 million in filing fees





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  • bestia
    02-15 01:10 PM
    Thank U all for your quick answers&good advice.It feels good to know I have new friends who can help me with my questions.
    About the cheques u're right, that's how we have done it. Separate personnal cheques for each of us, easy to track online.
    Hopefully we are not out-of-status and my husband's employer is not on th black list.
    How couldn't I figure it out by myself what IV means????Shame,shame...

    Dyana, I thought you are the primary applicant. In your case - yeah, you are free to use EAD once you get it. It's your husband who should be maintaining 180 days, "same or similar", etc. I got my EAD on 11th week (I am primary applicant). Some people get earlier, some later.

    You have good chance of approval, because we are current and I suspect we will be current several months from now. I-485 approval is like a lottery. It can be approved in 1 month or your application can rot for years. Lottery :)



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  • venetian
    05-11 03:38 PM
    Kodi,

    From the bottom of your heart can you tell the forum that there was no discrimination against Tamils in Sri Lanka after its independence from Great Britain.

    War is in the northern and eastern provinces. Sinhala and Muslims were driven out of this area by the LTTE. Tamils live all over the country. Tamils lead regular life in other areas of the country that's not succumbed to the war, this includes the capital, colombo. They conduct business, attend universities/schools, they lead a regular life just like any other sinhala or muslims. Tamils lead prosperous lives in other parts than the north and east. The reason they can't live in the north or east is due to their own LTTE, the group that was supposed to liberate tamils.

    If there's ethnic cleansing or genocide against tamils, Sinhala and muslim people should be killing tamils all over the country. This is not case in Sri Lanka. I have tamil friends and classmates, we went to school together. How come there are tamil ministers in the parliament. Parliment members Lakshman Kadirgamar and Jeyaraj Fernandopulle both tamils and were killed by the LTTE not the gov. How can this be ethnic cleansing?





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  • srkamath
    07-26 11:24 AM
    It appears FB spillover is factored into EB quota in Sep bulletin every year.

    The FB spillovers are distributed @ 28.6% to EB1,2,3, just like the 140k base.
    Therefore if there are any FB spillovers left EB3 must not be "U".

    However, EB3 is completely "U"
    Therefore FB numbers have already been factored in the DOS calculations. How exactly? I don't know.

    Unused 28.6% FB spill from EB1 will of course spill over into EB2 IN/CH.

    vdlrao's estimates of ~30k FB numbers spilling over are for all EBs, there will be at most only ~ 20k FB spillovers into EB2, as EB3 has already consumed its portion.



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  • sodh
    03-18 03:39 PM
    Can somebody delete the threads where there is a question of sub. labor, I thought we are an organisation trying to reduce the backlog and not to advice how to increase it .





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  • lahiribaba
    06-13 12:20 AM
    I am simply stumped at the level of comprehension of the folks right here. Let me summarize my views as points and hopefully I will get through to you guys

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

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

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

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

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

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

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

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


    look man wether anyone likes it or not fact is that jobs are going to two countries with a billion dollar plus population ... they are hardworking and they are verrrrrrrryyyyy hungry.... so even if you stop immigrants alltogether from coming to this country .. it does not matter. The jobs will simply go there (to China and India). After all the companies exist to serve their shareholders and not their employees and the simplest way to maximize profit is to cut cost. Simple!!! the outsourcing offshoring train has just started and there is no stopping it.

    You may argue to some extent that the complexity of your job will provide your protection but the fact is management is always scared off complex functions that require expensive resources (i.e human beings) .. management will always want to break down your job to lowest common denominator so that it can be shipped or done at lower cost. For that they will be willing to go all the way - including changing technology , buying into marketing BS or spending millions of dollars.

    Also if the american market dies is that going to be a very big deal ? not anymore .. the domestic market of both India and China is getting bigger everyday .. the fire has been lit and the horse has been left out of the stable .. its at a point of no return.

    So brace for the change because the times are a changing...





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  • immigrant2007
    08-20 10:38 PM
    I agree
    I hope we spend this much time in supporting or PLANNING WHAT WE DO NEXT. I still believe if we all of us make a combine effort we can get our backlog issue resolved





    BharatPremi
    12-14 03:19 PM
    Yep.

    O.k here I am trying to reach the conclusion for my own proper understanding: Whether it is "Discriminative" OR "Restrictive" OR both OR none

    Scenario Example:
    -----------------
    Year 2009:

    ROW EB: Only Britain nationals apply say 30000 people - No other ROW
    national apply
    ROW EB current
    NO EB Backlog for ROW

    What will happen to the files of (30000 -9800) these britain nationals?





    cinqsit
    01-15 12:20 PM
    It wont be an issue since you already gor your GC or I-485 filed. I failed to understand still what you are doing here.

    Ok I will shut up now. Sorry didnt mean to anger anyone I would be worried too if I would have been in this position. Good luck to all and hope IV, AILA and others can
    help all of us.

    cinqsit