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  • onemoredesi
    05-19 08:57 AM
    Thanks for the advice friends.
    My brother applied and got his GC approved through labor substitution. It was really safe in the past. With the proposed bill to abandon the labor substitution, I'm a little concerned if it is alright to proceed.
    I've talked to one of the attorney's and he mentioned that the Labor substitution will not likely go away as during the comment period they received a number of objections. But, nothing is certain.

    My other concern is if the proposed immigration bill does some good to the legal immigrants, then whatever I am doing will be a waste and I'll be losing all of what I have in my current company (I am very well setlled in a multinational company in a good position). I am torn apart whether to take that risk or to stay put in the existing company.
    When do you think the BEC's might complete the processing of existing backlogged applications?
    When do you think any of these amendments will be implemented?
    Lots of questions.. Your responses are highly appreciated.

    Thx,
    1MoreDesi!





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  • django.stone
    07-24 09:16 PM
    If this is indeed true, isn't it unfair to issue visas to Feb 2006 dates at a Consulate while people with 2005 dates are waiting for AOS. Can this be challenged in court?





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  • go_guy123
    03-17 11:13 AM
    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!!

    At least on this forum we can have the resolve to fight such people who are hurting most of us.



    Good that DOL/USCIS is getting rid of labor selling by voiding after 45 days
    ( in the final rule that might be raised a bit ...to 90days ...which is justified and reasonable)





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  • NKR
    02-13 10:16 AM
    I couldn't agree more with you. The limited number of GC is definitely a critical factor. But we have contributed to this mess ourselves. Look what happened with EB2 India. Did India started producing EB2 talents overnight? No; rather we started polishing our resumes with inflated years of experience and job description so that we can apply to EB2. The system is too liberal and based on trust. If employers start scrutinizing resumes and certificates a lot of applicants will simply drop off from the GC queue.

    I do not fully agree with you. There could be inflated years on a resume but for EB2 one needs to provide experience letters showing five plus years experience. Not many companies give out false information in the experience letters.



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  • villamonte6100
    12-14 01:12 PM
    I know. I work for a prestigious law firm and I know how hard it is to become a lawyer.




    There was a thread some time back about people considering going to law school and becoming their own lawyers. What I took out of it was that its not that easy. Besides going to school, you have to pass some tough state exams. I am quite happy with my lawyer. I paid some dough but its much cheaper than going to law school, and saves me time and headache.

    Going to law school is not for everyone, definitely not for me (fat books scares me :eek:). I like the suggestion by garybanz about getting a qualified opinion. Just so that we know.





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  • longq
    02-14 12:50 PM
    The entire discussion by EB3-ROW guys want to preserve those recaptured unused numbers in 2000 only for EB3-ROW for ever. As I mentioned earlier, the purpose of that recapture is to eliminate backlog in 1999. India and China were only the two countries backlogged at that point. USCIS could do that job only in 2005. You guys want a controlled allocation of recaptured numbers for years and years with the simple intension of EB3-ROW always should be current. I understand that urge. However, you guys forget the reality. EB3 demand is huge due to 245i. The real demand for EB2 always very less. (The real demand for EB2 is when EB3 were current). Now everyone is going to EB2. I feel that is the reason why EB2-India and China getting penalized as DOS took the law in their own hand. Now EB2 guys are victimized. Do not blame India and China took more numbers. The real fact is EB3-ROW is enjoying with the expense of EB2.

    Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..



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  • GCmuddu_H1BVaddu
    09-12 09:13 PM
    Hey _TrueFacts,

    Will you stop the caste based shit here. F**k you a** yourself idiot. You are so called senior member shitting here idiot.


    Last nail in YSR?s coffin

    Jagan gets 3 choices: DyCM, mantri, PCC (http://timesofindia.indiatimes.com/news/india/Jagan-gets-3-choices-DyCM-mantri-PCC/articleshow/4997385.cms)





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  • nik.patelc
    09-03 03:09 PM
    Most of the Indian politicians are Illiterate. This guy is a medical doctor by profession.
    Loved by poor people. Hated by the fundamentalists and Naxals. Most of the AP politicians are corrupt including former PM P.V. N RAO.

    I AM NOT FROM AP. ALL I KNOW FROM READING ONLINE FROM THE LAST 2 DAYS.

    SEE THE LINK 14 PEOPLE DIE OF SHOCK.
    14 die of YSR shock in Andhra - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/14-die-of-YSR-shock-in-Andhra/articleshow/4969157.cms)

    USA, UK CONDOLE YSR DEATH.
    US, France, UK condole Reddy's death - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/US-France-UK-condole-Reddys-death/articleshow/4969149.cms)

    You must have read it on TIMES or NDTV , both are equally unehitical as indian politicians



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  • willigetagc
    07-26 08:44 AM
    If USCIS follows Vertical Policy after EB-3 becomes current, all the remaining visas will go to EB-2 India/China and will be used up completely. With the volume of demand for EB-3 India, unless some legislative relief comes EB-3 India's problem will not be solved.

    However, by following horizontal policy, if EB-2 India/China is cleared and made current, Any spillover in EB-3 should be equally shared and EB-3 India's share will improve but in miniscule way.

    Fighting for legislative relief is the only way out for EB-3 instead of dividing our community between EB-2 and EB-3

    I dont think the situation is that bleak. What would happen when EB3 ROW is unable to use up all the spillovers from EB2? The excess would go to EB3 I, right?

    In the past 4+ years, the annual H1 queue is just 65K. So the input into the EB queue must have moderated quite a bit.





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  • americandesi
    08-15 01:50 PM
    I am surprised that this is even a headline news in TOI. SRK detained at US airport for 2 hours. So what? Big deal. TSA didn't ask him to sing or dance, but just questioned him on the purpose of his visit, which is part of their job.

    US has got every right to protect her homeland and no one has got any right to question their procedures when it comes to national security. Because of such stronger measures there hasn't been a single terrorist incident in US since 09/11. The least we could do is to learn from them and implement such stronger measures in India, which by the way has become a playground for terrorists and anti social elements.



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  • TeddyKoochu
    01-15 04:48 PM
    "What about the legitimate people who didnt buy the visa and due to USCIS, struck in GC black hole...? Do you have any way to segregate bad apple from good one. You just want to throw the baby with bath water. Period."
    U tell how USCIS should segregate bad apple with good one ? Should they allow the status quo because good apple will be affected ?

    Buddy I believe you are being too harsh. Status Quo is never a great idea, however please consider the following scenario's you will realize the larger issue, no disrespect meant to you. Nobody is a fan of consulting only companies including those who work for them.

    1) In case of cancer, chemotherapy or radiotherapy is not applied to the entire body but just the affected part and the dosage is carefully measured not to cause any harm to the good portion howsoever small it maybe.

    2) In a state if a certain area is bad does not mean that every person or everything is bad in that area and the only cure is to eliminate everything.

    3) In a field in a given area if some crops are infected the idea is that you try to weed out just them without harming the good crops or the soil.

    What you are implying is just eliminate a practice right away because the rules of the game suddenly changed one fine day. Your intentions seem to be correct however in your blind justice you are forgetting that there are many good brilliant apples as well (In fact more good than bad) and their families who work hard everyday, have been doing so for many years waiting for their GC and are probably partially stale already. Your notion of justice, correctness and change will kill / finish them as well. Sometimes idealism in reality is not as good as it looks like when just thinking.





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  • s_r_e_e
    09-23 10:20 PM
    I will send from the Bussiness Email ID tomorrow.



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  • lazycis
    02-18 02:35 AM
    A good site dedicated to class actions
    http://www.classactionlitigation.com

    These are particularly interesting:

    http://www.classactionlitigation.com/fcapmanual/chapter2.html

    http://www.classactionlitigation.com/faq.html#q7





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  • vdlrao
    07-24 09:12 PM
    EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to only EB2 India(based on the priority of oldest priority date). By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is, it touches 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.

    http://immigrationvoice.org/forum/showthread.php?t=4285&highlight=vdlrao&page=99

    See the post that I have posted about EB2 India movement on 06-09-2008.



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  • msp1976
    02-13 03:42 PM
    If they changed the law to have 300,000 visas but there is 400,000 people going for greencard; then there would still be retrogression. The unused visas from ROW would not get allocated quarterly but in the fourth quarter.

    Out of those 400K ....200K happen to be India/China...

    Today's projection for me EB3/India is 7-10 years to get GC....
    with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....

    Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)

    Reference
    http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
    Look at a(3)

    (3) Exception if additional visas available
    If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.





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  • vjkypally
    09-23 05:44 PM
    Hope USCIS is counting dependents in its 10,800 count for EB2I in 2005. Then we were pretty close in our estimate.I do not think it would be 10,000 primary. Probably around 3000 ~ 5000 primary applications. But if you consider dependents yes we may be talking about nearly 10,000 EB2I visas.



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  • Imm_Exploited
    07-25 12:26 AM
    cal_dood & meekdesi


    Which country do you guys belong to and why are you here?

    Appreciate your honest and decent response. Thanks





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  • amsgc
    12-13 10:40 PM
    I advocate talking to policymakers, writing to them, and calling in on any talkshow on the radio/tv - where ever there is an opportunity.
    I am not sure if we can challenge the legality of the system. However, I do question the motivation behind this policy. It is morally and ethically wrong and does not make any economic sense. It is probably hurting the economy, if you get my drift. My thought is that it can be adressed by enlightening the very people who put this policy in place - the congressmen/women.

    Welcome to the board... we are just analyzing which way to fight is better. Mark is saying lobbying is the only way, some other say exploring to challenge in court worth a try...some say not worth it-forget it. Have your opinion pitch in please.:)





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  • Marphad
    04-16 10:00 AM
    How about Simon for PM of India. This guy knows everything ahead of time -

    http://www.youtube.com/watch?v=RxPZh4AnWyk



    RxPZh4AnWyk



    .

    Susan is the best that I have heard till now. Simply awesome!

    .

    OK, Its your opinion and that shows your civic sense. But why are you posting the same again and again?





    gdilla
    05-10 03:42 AM
    Once again, eb2waiter, a baseless statement in "Canada is not a land of opportunity". No one owes you a living. You have to work for it. If you're such a good IT worker, become a consultant or open up your own business doing so. You can't expect someone to hand you a job. Like someone else stated, if your skills are in demand and a good communicator, you'll be fine.

    And yes, I had a US job offer before arriving here.

    And if you're already here as a student, well, I can't think of a better way to research the job market from within - job fairs, colleagues, etc.

    Also, I don't see your point - if you're an immigrant student in Canada, there is no issue of foreign credentials. Any professional distinction earned in Canada lands you on the same footing as any citizen. So again, please stop spreading bad information.


    Did you get a job in US before you came to US. Most probably not.
    There are a lot of people who come to US blindly like students or consultants. They also landed up jobs (doing what they were meant for and not as cabbies or as janitors) and built careers.

    There are no or few body shoppers in canada because there are only a few shops :-D

    For the majority this is true in US. This is what land of opportunity means.
    It might be true for a few cases in Canada but for the majority it is false advertisement. Canada is not a land of opportunity. This is not a few of those who have been burnt talking. Try getting a job in Canada. Look at the salaries for yourselves.

    Folks am again telling this for your own benefit only. I have nothing to gain. I was not wise to do that. So thought I would guide the poor wandering souls here. Dont waste your dollars in Canada PR when you have US GC pending. It will do you no good.

    I wont post on this thread again :)

    ---DISCLAIMER: ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---





    ItIsNotFunny
    04-20 10:46 AM
    I am working for Company A and company B wanted to provide me with pre-approved labor of EB2 category with priority date in July 2002. The Company B's pre-approved EB2 labor was for a Master degree with salary of 80K. I have only bachelor Degree but with more than 8 years of experience in IT. My I-140 has been approved with the present employer company A but it is EB3.

    Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.

    Thank you.
    Based one information above, I would not go for this.