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  • xbohdpukc
    03-18 12:57 PM
    Get a lawyer to answer your questions, they are beyond any competency floating around these forums.

    And don't listen to all this venting frustration. If you can get yourself a better deal within the limits of the current law -- go for it, and let everyone else burn in hell :)





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  • unitednations
    02-18 09:59 PM
    Aiming London shooting Tokyo that's what your reasoning looks like. There's no point in arguing\discussing based on such logic.

    You are not a messenger, you are a opponent of 485 measure, I think there is a big and clear difference between both.

    If 485 measure is not of much help, I wonder why all the poeple who have applied for 485 keep wasting there time and money renewing there EAD every year.


    Please lay out why they should allow 485 filing that is in USA benefit and the employer who is sponsoring you benefit. Employment base is not a humanitarian base greencard.

    I will list the reasons people use and then the arguments people would use against you and then you can counter it.

    1) 485 filing will allow me to change my job or get promoted and I won't be tied to my employer

    ----it is employer base system. you are supposed to work with them permanently. nothing in the law stops you from changing employers. Just get them to file another h-1b for you; get the new employer or position to file another labor for you.

    ----but the new employer I have won't file greencard or h-1b/

    ----looks like they don't need a foreigner. if they did then they would do it for you wouldnt they?

    ----i want to go back to school.

    ----get an f-1

    -----the uncertainty is killing me

    -----lucky you are allowed to stay here and wait and work. others have to wait outside usa until their number is called. you can go back home and wait for your number to get called - like spouses of greencard holders; siblings of u.s. citizens; over 21 year old children of u.s. citizens.

    -----I want to change to a totally new profession

    -----You are getting a greencard because a specific employer needs you on a permanent basis don't they? Looks like you don't have intention to work permanently for them. Nothing is stopping another employer to file a greencard for you.

    ----but i can't work for them because the job won't qualify for h-1b and they won't wait five years for the quota to get current to employ me.

    -----how come employers aren't lobbying for you? if they have to wait 5 years for you then why are we not hearing from them?

    2) I want my spouse to work. they are underutilized.

    ---- Did you know that it is a non working visa? EB greencard is to control the number of workers coming into the workforce and to not flood the market


    3) the intention of ac21 was to be free and clear of your employer after 180 days of filing.

    -------no, not really; once your number comes up and it is in the quota and we don't adjudicate it within 180 days then you can change. We still need to control the workforce and determine how many people we want to let in.
    =========================================

    One thing everyone loses sight of is that EB greencard is not humanitarian greencard. It is specific to an employer. One way to look at it is that you are not underprivileged because you are allowed to stay here and work and wait whereas other immigrant wannabes do not have that luxury.

    Now before people start raning; you need to figure out how it is in the country and employer benefit for you to get the greencard or file a 485. Your reasons cannot be against the nature and purpose of employment base greencard. If it is then it doesn't have much merit within the current law.





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  • unitednations
    02-13 02:41 PM
    Again wrong information by you and trying to hide background or historical information. Either USDOS/USCIS has not mismanaged the numbers in 2005. Claiming India and China was given more than they entitled to is wrong . They (DOS) did everything right till 2005. Now only they are violating. One has to study the historical issues before 1999. Before 1999, both India and China (both EB2 and EB3) were retrogressed heavily and backlogged. However ROW was current in all EB catagories. There was no retrogression in ROW. It was always current before 1999.

    For example, here is March 1999 VB

    All Charge-
    ability Areas CHINA-
    Except Those mainland
    Listed born INDIA MEXICO PHILIPPINES
    Employment-
    Based

    1st C 22JAN98 C C C

    2nd C 08SEP96 08SEP97 C C

    3rd C 01JAN95 08FEB96 C C



    As a part of AC21 act in 2000, the unused numbers (about 100,000) were recaptured to eliminate the backlogs in EB categories. The reason was this recapture to remove retrogression in India and China, as because that was only two countries backlogged at that point.

    After that ac21 law, there were additional 100,000 visas available apart from 140,000 visas every year. DOS has given 100,000 additional visas to USCIS in 2000 itself to consume it. Because of USCIS slowness/inefficiency in processing 485s between 1999 and 2004, they even did not have processed the yearly quota. Therefore the recaptured visas were remain unused for 5 years because of USCIS inefficiency. Therefore, at some point, it has to be consumed. Therefore USCIS did backlog elimination drive in 2005 (6 months processing of 485s ) to use all the recaptured visas. The original intension to remove backlogs in India and China. That was done by USCIS. USCIS can not hold that recaptured numbers for ever (by imposing 7% limit in India and China) how the future demands will be in EB3-ROW. Far example, if ROW demands 200,000 EB3 visas in year 2020, USCIS/DOS can not hold that AC21 numbers (that were recaptured in 2000) for ROW to be consumed in 2020, by imposing 7% limit. No one can anticipate future demands.

    Theoretically speaking those numbers belongs (AC21 recaptured numbers came only from EB1 and EB2 pool) belongs to EB1 and EB2 category. EB3 never gave any unused numbers in previous years. Ideally speaking, those numbers should have been issued to EB2 category first to eliminate backlogs in EB2 then only to EB3 ROW. Infact, all the ac21 numbers were used to eliminate retro in EB3 only. In 2005 they issed only 44,000 EB2 compare to about 150,000 visas in EB3. This is big injustice to EB2 India and China.

    Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.


    I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.

    It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.





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  • amoljak
    10-24 08:55 AM
    Thanks for the reply Amoljak,

    Now if you can please remove all the sarcasm and explain this in more detail in laymen's terms, it would really help me. I mean how is it that atleast 10 members on this site have mentioned people selling and buying LCs LEGALLY! Were they bluffing or are we reading into the law wrongly?

    Thanks

    Lets say you have a company. You apply for some-one's labor. The labor is approved. Then the guy leaves. So you have one approved labor. You can then ask me to give you a "gift" of lets say $30,000 and in due course you will employ me in that position. Technically this is illegal, just like it is to take campaign contributions to vote in a certain way...But in practice it is hard to establish quid pro quo in these cases. More so when the person is willingly paying the money and is not willing to turn on the seller. So people who say you can buy LCs legally are WRONG.



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  • Roger Binny
    08-15 08:35 AM
    Try detaining any of their top Hollywood Heroes at an Indian airport for 2 hours and see how USA media and people will react to it.

    You people have no respect for your own motherland and always think everything American is good than your own country. Learn to stand up for your motherland. Just because you want your greencard does not mean you forget your roots. Anti-Immigrants (read racists) of this country will still call you slumdogs even if you are a citizen of this country. But your own country people will never forget you and will accept you as their own even if you have lived here for 50 years.

    Learn to love your motherland.

    Excellent reply.





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  • saimrathi
    07-03 06:39 PM
    please sign out of digg and then go to digg.com... is it still showing on top?

    both stories are on top!!
    we can also digg the comments



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  • unseenguy
    08-17 02:38 PM
    Read this before you pass comments. Even Al Gore (VP) and Ted Kennedy have been detained on US Airports. Who the hell is SRK? and just because he is an actor and looks all goody goody, you have all the sympathy. Would you have it for Mulayam/Lalu, if they had gone through the same ordeal?? No, then you would have laughed and said they ought to be. Would you be protesting the same way if Musharraf was being frisked? you wouldn't.

    So in the end you are one biased person. You cannot take a justful decision, your decision is based on who is it for. :rolleyes:

    Would Khan have fared better as Kennedy? - US - World - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/world/us/Would-Khan-have-fared-better-as-Kennedy/articleshow/4899589.cms)

    This does not make any sense. If X was detained Y should also put up is not a rationale argument. Also Home land security chief apologized to Kennedy and Gore. He did so profusely.

    So ..... who is going to apologize to Shahrukh , Kalam and George Fernandez?

    If a similar tit for tat system is set up in India, how many americans would put up with that system?





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  • ns33
    02-18 02:18 PM
    Did you ask you lawyer? It's so much easier to criticize.
    My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.

    Not sure if this was answered earlier... however, since this is employment based immigration and every step of the way we've needed to have our employer's approval/sponsorship to do anything; can 485 beneficiary be a plaintiff in such case without their employer's consent? especially if employer is one the the major corps.? how realistic it is to assume that a major corporation. would like one of their H1-B lead class action against USCIS?



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  • Marphad
    06-08 11:08 AM
    employment based is just one part of the immigration thing. If you think EB immigration is important - there will be thousands of opinions from people who will say why other immigration is also important.

    Actually as per government's official point of view, EB comes on second priority than FB. Family union always comes on first priority.





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  • NKR
    02-15 02:38 PM
    Originally Posted by
    You guys keep saying diversity is a FB immigration problem only not EB, hence no cap needed in EB.
    REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.
    Cheers.

    Who created the monopoly?. Why are there less employers from other countries?. Who is preventing other employers from not hiring people from their own country?. It is a level playing field for all entreprenuers, right?...

    anyways, why don't we just patch up and move on... I am getting tired of this already and there are thousands of other people who are feeling the same.



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  • mariusp
    03-29 02:19 PM
    OK, I've done some more homework and this is what I found in the proposed rule text:


    III. Proposed Amendments to the Permanent Labor Certification
    Regulations


    The first amendment would prohibit the substitution of
    alien beneficiaries on pending applications for permanent labor
    certification and on approved permanent labor certifications not yet
    filed with DHS.


    Basically it says that the rule applies to:

    (i) pending labor certification applications and
    (ii) approved labor certification which have not yet been filed with USCIS

    So it looks like you won't be affected if your case is already pending with the USCIS.





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  • panini
    05-11 04:11 PM
    This is totally correct!!!

    Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D

    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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  • Marphad
    03-29 11:10 AM
    To those ignorants or idiots who voted for Rahul Gandhi or Sonia Gandhi:

    This is a book shows facts about Nehru Dynasty in India: http://www.scribd.com/doc/1777536/Nehru-Gandhi-Family-Secrets





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  • jayleno
    07-10 12:49 PM
    Hey dude
    Dont insult a whole state....dont blame/depend on other people in making your decisions...
    I need to hear more stories like this to realize I won't be alone when time comes for me to pack up.

    I am from A.P. Lot of folks from my state in India can't accept anything but USA outside A.P. Me and my wife really like to live and work in other parts of world and we have even asked my company to send us out of USA. The only reason for me at this point to pursue GC is for my wife be able to work part-time.

    Otherwise, I am very content being on H1.



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  • satyasaich
    03-19 03:06 PM
    For the record, when i left one of the Big 5, they still answered for 45 day letter, LC was approved, used for someone else (in Feb/07) who is in need.
    How do i know? it's very simple. There were 63 LCs pending in Philadephia BEC, which are EB2s with a priority dates in Jan / Feb2002. Some of my colleagues who were with the same company already filed 140+485 last month.
    Since this is a public forum, i can not give the name of the company
    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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  • Wendyzhu77
    07-16 06:24 PM
    what are you smoking today??



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  • BharatPremi
    10-23 04:26 PM
    one exception is if your spouse is a Canadian citizen or if you are working for a Canadian subsidiary (I am not sure if it has to be a governmental ).

    1) If "canadian Business" hires you "In Canada" and send you to USA for
    handling its "International Business" then also your stay in USA would be
    considered as your "Physical stay" in Canada.
    2) If you become Canadian Government Employee and it sends you to USA for
    its business then also you will not be considered "Physically Out" of the
    Canada.
    3) If you go to USA with your earning spouse employed by "Canadian
    Business" or "Government" to live with her/him, then also same rule applys.

    Note: This is not legal advise.





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  • gc_in_30_yrs
    10-03 11:42 AM
    Hi All,

    One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as
    my H1-B transffered to new company.

    I have been hearing the news about LC substitution elimination from DOL.
    Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
    Has they announced any validity period on approved LCs to regularise this process?
    If yes - How is it going to effect my case?

    Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
    Currently I am in my first H1-B and valid till Oct 2007.

    Please need experts advice in this regard.

    Thanks,
    BNR.


    there should not be any problem for you. but it is discouraged to go for labor substitution as it is literally jumping the line. there are so many people waiting for their LC and someone came in line just now taking pd from 2004 or before will definately pisses them off. otherwise, you should be okay to take that one.





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  • mantric
    12-13 12:36 PM
    Here's the percentages of the top 10 populations of the world by nationality. How many of them are more than 7% ?

    China 20.0 %
    India 17.2 %
    United States 4.6 %
    Indonesia 3.4 %
    Brazil 2.8 %
    Pakistan 2.6 %
    Nigeria 2.5 %
    Russia 2.2 %
    Bangladesh 2.1 %
    Japan 2.0 %

    Based on this one can conclude that the 7% nationality rule is a veiled effort to limit Indian and Chinese immigrants specifically. Does this not amount to discrimination by nationality ? In addition we as legal immigrants are taxed without any representation. Taxation without representation was the reason the US was created in the first place.

    US history is full of examples where discrimination existed in one form or another and these discriminations were sucessfully challenged. A few examples are women's voting rights, minority voting rights and gerrymandering. These are good examples to study where the affected people had no legal voice to begin with.

    The civil rights movement is a recent example. There were existing laws that limited people from voting based on their literacy levels in the southern states. The literacy requirement for voting was really a thinly veiled attempt to limit voting rights of african americans for as long as possible. The civil rights movement was about changing these artificial laws to give voting rights to people who legally had no voice.
    http://www.usdoj.gov/crt/voting/intro/intro_c.htm

    You don't need to be a lawyer to speak up for your hardships as a law abiding resident. This country has tremendous protections for people living here which is what makes it great. We as an immigrant community need to build our awareness of US history and government if we expect things to change.





    gc4me
    07-16 02:05 PM
    I-140 IS NOT PORTABLE. PD is portable.
    You can get 7th year extension to your H1 transfer to caompany B based on your I-140 approval from previous compnay. You have to file new LC and I-140 from your new company and while filing I-140, you port your old PD by providing your old I-140.



    Hello,
    My labor is approved in August 2007 and I have approved I140.It is likely that my company might declare chapter 11(bankrupt).I have not yet filed my I1485 yet as dates are not current for my PD.

    My question is can I port my I140 to a different company B and extend my H1 based on the approved I140 from company A.
    If yes, What documents do I need from company A to get this done.There were some posts which said I cannot port without having my 485 filed and pending approval for 180 days.is this true?
    Can someone provide some suggestion what would be good approach.





    jonty_11
    10-17 02:51 PM
    Anyone aware if one of the spouses has had a shoplifting offense in Singapore, how does that affect the Canada PR process? The offense was 6 years ago, I read on cic.ga that you can submit an application so that they may ignore it...for Canada PR, if its been over 5 years since your last offense and no other history of conviction.

    Any pointers would help!