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  • EndlessWait
    07-10 11:36 AM
    bbye monseiur!





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  • qplearn
    10-23 01:02 PM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.

    Best of luck!





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  • unseenguy
    05-29 11:50 AM
    Yeah, but your 60k only includes AOS, not CP, right?

    There are very very few CP applicants from India.





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  • Lasantha
    12-14 03:45 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.


    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..



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  • pmpforgc
    03-29 06:34 PM
    Thank you for your personal opinion. India was doing well when Vajpayee was PM. He is not some management honcho. It is a vision of the person that is more important. Manmohan is a learned man and has provided country with real good service but real power rests with Sonia and her son Rahul.

    Hence. Its a question of ideology in the long run and given my background, BJP govt suits me better than Congress. So I prefer Advani over Sonia.

    Hi

    I mostly agree with you about Bajpai and Sonia. Bajpai is really a visionary and was good for India.

    But we are not talking about Bajpai any more, We are talking baout Advani. He is not Bajpau and he is not visonary like Bajpai he is only Taksadhuu like all other politicians.

    I would surely prefer MODI, MANMOHAN, Chidambaram even LALU compare to ADVANI to manage India as Priminister.

    We are talking about Who should be Priminister of India, not which party should rule.

    So try to be more specific when you reply next time.

    I dont go by Party, even in BJP in Gujarat Keshubahi was Worst CM for state where as Modi from Same party is really good. so we should look at who will manage country in the end. I agree that Bajpai and Manmohan has done good job. But not Advani he should be even next to Mayawati in line to be PM !!





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  • Saralayar
    03-14 09:58 AM
    You can do yourself as the proceedure is very straightforward.



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  • richana
    07-30 06:59 PM
    Thanks Thampi, people let us post some more avoidance techniques to be used subtle or not, this is a scourge we need to get rid of.





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  • dilipcr
    06-11 07:49 PM
    "Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. "

    i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..

    I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.

    My intention was not to devalue the merits of the incoming batch of immigrants. As I said, around 20% of the group are truly the best and the brightest. This was the case after the dotcom crash and will most likely be the case going forward. We had the same delays, retrogressions , guaranteed employment verification RFEs etc. Immigrationportal.com used to be the immigrationvoice of the times. I do not see much difference for the techies between what was then and what is going on now in terms of delays. I see 2 dramatic changes though
    1. People arent patient enough during these times. You would agree to the amount of venting going on in this site.
    2. The incessant dumping of low cost of L1s by the outsourcing companies.

    If you think through deeply, the second point is what is causing all the heartburn among the people waiting for their GCs. Believe me. All these extrapolated timelines that scream that getting GC today would take 10 years are all bogus. These headlines were the same then too. I can confidently say that the GC process will move fast within a year's time once the layoffs stop. It is just that can you survive till the govt policies become more rational ? That is where the argument about the best and the brightest come into place. If you are one, you would survive this and you will get your GC within 3 years. Honestly, my ntention was to calm the nerves of those people genuinely talented and waiting for their GCs. If I had missed out on that count, I think I should improve my communication. The arwinian flush was just to highlight that fact.



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  • srikanth
    07-11 06:23 PM
    Hi congrats and good luck !!!

    but, remember Once an American Always an American !!!

    Live free or Die !!!

    Please, do come back , when they fix immigration system... America does need skilled talented professionals like you to compete against outsourcing in a flat world.

    and remember Canada does not yet has a professional football team, go patriots !!!





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  • kumarc123
    07-24 12:32 PM
    Well since the start of this thread and ones before this thread focused on the dates for EB2 India. A lot of speculations were drawn, some members like vldrao and others put in a lot of thought and work to reach a significant analysis.


    But let's not dwell in to the dates only.

    We have certain bills in the house, no recent posts have been developed to discuss about campaigns. We got this far because of all our joint efforts. So let us not pause ourselves right here, now that EB2 dates are getting close to being current, let us all make loud noise to galvanize USCIS members to work more effectively.

    Speculations at this point are excellent, but lets work towards the bigger picture.


    Thanks



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  • sodh
    03-19 12:42 PM
    why do you think labor substitution would increase the backlog?
    My company cancelled my labor process the day I resigned, tell me which big reputed company responded to a 45 day letter even when the candidate was not working with them, so that leaves us with companies like Cybersoft who filed multiple I-140 on one labor approval or there are people who are running parallel processes just to be safe and they are buying the sub. labor,so now even if the companies intention's are good,filling I-140 multiple times creates backlog in the service centers and then it is up to your fate if your file is picked up in the numerical order, in concurrent filling it was a race who got the the GC first the original beneficiary or the person who paid price for the same labor. Who are the people opposing substitution ban or the 45 day rule if you find them you will get your answers.





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  • minimalist
    05-12 09:55 AM
    You can paint it with any emotion but it still is the fact.
    It is no diferent from the wat India dealt with extremism in Punjab.Until KPSGill stepped in,it kept raging. It is same as the way India trying to deal with Kashmir.

    I am a non-immigrant in USA,sure. If I try to demand and bear arms to get a separate country here,definitely my life will be in danger.Should I expect India to come to my rescue?




    Being a NRI in US, your conclusion is it is a SL issue, not a India issue. This is because you enjoy freedom, safety and opportunity in USA, even though you are just a non-immigrant in USA. Hope it will continue. If your job, safety, security, life becomes danger here, then do not get help from India or Indian consulate in USA; because it is a "US issue" as per your logic.



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  • alisa
    02-14 10:11 PM
    If we increase the number of links from other web-sites, blogs etc to immigrationvoice.com, then immigrationvoice should show up earlier.

    1) Does this mean that if we link from our webpages/homepages to IV, that it will count?

    2) How about if I set up a website, create a thousand pages in it, and put a link to IV on each of those pages? Does that count? Is it the number of pages that point to IV that count? Or the number of websites? Do you know how the spiders work?

    3) Also, how about clicking on IV. Like, can I google retrogression, and then go to page 2, and then click on IV. Will that count? If it does, then we can all do that daily. All the bums that come here and don't pay, they can atleast do this.


    I am bringing this up because I had been googling retrogression for a long time, and IV never came up.





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  • prinive
    02-12 09:36 PM
    ROW - Rest of World

    :confused:I apologize for my ignorance but
    what is ROW ??



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  • samay
    07-22 11:39 AM
    I am in the 6th year of H1B. 6 year term expires in March 5, 2009.

    My Company filed LC in June 2008.

    Assuming my LC is cleared by this year end, I-140 Filed around Jan 2009.

    Can i get 7th H1B Year extension, if my company files H1B extension by Feb 2009.

    In which cases 7th Year extension will be rejected.

    If your LC gets cleared by the year end you can apply for I-140 by premium processing and once that gets cleared your company can file for a three year extension for you.





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  • dealsnet
    09-03 03:03 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)
    Folks whose views "Very sad news...May his soul rest and peace." for indian politicians are stupid and ediot. Not a single indian politician is admirable except Atalji.

    about YSR, who violated Indian constitute being secular by promoting one religion(everyone knows) . Under his government, Whose life is improved? Any farmers, middle class folks , poor are same as before? No.

    So, dont write Sorry , sad news, his soul rest and peace on this board, otheriwse, someone like me freak out and reply.



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  • msp1976
    02-18 09:45 PM
    Brother; I am also an immigrant. At high levels; I think there should be no quota on employment base.


    I would say Amen to that....
    Hallelullah!.................



    The whole issue of asking for I-485 without priority date comes from the 'spouse not able to work' issue......
    Once 485 can be filed....Spouse can obtain work authorization and everything falls into place because of the derivative benefits of I-485......
    You see if the wait for GC was just 2/3 years...no one would ask for the 485 without PD provision.....
    But how long can I keep telling my well educated spouse( Bachelors degree in computer science..MS in progress) to put her career on hold ??
    There are cases of marriages falling apart because of this issue...
    Now United states calls herself 'land of opportunity' and 'defender of family values'..... What about keeping our families intact....??





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  • u.misc
    01-19 11:34 AM
    Dude, I don't know where you come from but you have a very thorough and deep knowledge of how to run the prostitution business. However, I am sorry to say that you know nothing about consulting business.

    You call desi consulting companies whatever bad names you want, but the truth is that consulting companies are the one who:
    1. Files for GC, the way you ask with no questions asked. (nothing illegal about it)
    2. Helps you maintain legal status while you are on the bench ... If you are working for non-desi company and your services are not required, you get a pink slip.
    3. Pay you per you skills. Contrary to general conceptions, desi consulting companies pay you appropriately (at least most of them) per the billing rate they get from client. Remember it involves cost to run you payroll like payroll taxes and salary of employees, so you can't keep 100% of billing rate.

    Desi consulting companies are not always a blood sucker and desi consultants are not idiots. Infact they are may be more skilled than a IT profession working in big-shot American IT company and doing the same job for last 5 years. Consulting provides you a new job and new set of challenges and technologies to work with every now and then.

    Consultants are the work force driving American IT needs.



    In fact consider the consulting business like prostitution and the h1b consulting companies as no more then pimp.No matter whether my sister or I work for the same.Let me explain the business processes of two for you.
    1.Client is most important in both the cases.No matter how client mistreated you , the pimp will take you to different client but will never snub the client.
    2.You work at client site on odd hour.
    3.It's pimp's job to keep pros under control and scare them of consequences for deserting them. H1b is one such tool and another is too restrictive contract ( 18 months etc ).
    4.If your tech skill got outdated they will dump you ( regardless of contract ) . Old pros becomes "Mausi" and old consultant opens Consulting co and starts h1b hiring.
    5.If you have to have latest skill and for every new engagement client will select from many resume like in pros business. Pros do make etc to be in market.
    6. Pimp will not like the contract to hire clause but h1b/pros will like to have that.
    7. when some one enforces law to ban the business organize protest march of pros . have you seen any protest march by pimps ? Same here , protest march by h1b consultant not by consulting co.

    Try to observe the prostitution business and your profession and there is not much differences except we have illusion and they don't.





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  • logiclife
    02-12 09:04 PM
    Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.

    That is an apples to dinosaur analogy.

    The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.

    Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.

    Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.

    The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.

    Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.


    But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.





    amdavad
    07-09 03:07 PM
    Hi,

    We recently received USA GC. We also received Canadian PR approval. Now can we go and land in Canada to complete Canadian PR process and come back to USA and live here?

    Can there be any issue at POE (either side) as we will have two PR?





    unseenguy
    06-01 07:45 PM
    We need to have multipronged strategy:

    1. Visa recapture.
    2. Removing spouses from EB count or excluding spouses from recaptured visas atleast
    3. No country caps for recaptured visas
    4. Raising the country cap to say 12-15% per country.
    5. Allowing 485 when PD is not current.
    6. Skill based points system etc.

    We should be for reform which is transparent and fair to all sides. Putting all eggs in one basket may not help. By having multi pronged agenda , we will get atleast something.