ns007
03-16 12:52 PM
If the prior experience was related to your field, then I don't see why not. You may want to hurry because if USIS comes with 45-day labor expiration rule soon (which they may), you may not be able to use the prior approved labor.
hi All,
Can someone give me advice on this:
I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
i am concerned if that India exp. during graduation will work or not.
Has anyone faced a situation like this?
the (part time exp)company was very small, can this be risky? what do you guys think?
Thanks.
hi All,
Can someone give me advice on this:
I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
i am concerned if that India exp. during graduation will work or not.
Has anyone faced a situation like this?
the (part time exp)company was very small, can this be risky? what do you guys think?
Thanks.
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eb3India
10-23 02:02 PM
as name suggests, you find a company with a already approved labour, they will apply your 1-140 with that labour, if you I-140 is approved you get to keep his PD and get a free ride,
while myself, has to wait 2 years for labour and another few years till my PD becomes current
in labor sub case, if one can find approved labour before 2001 (if you happen to be from India). you can get 1140 approval and apply for 485 if you everthing goes well you have your GC in 6-12 months
and did I mention this perfectly legal.
lot of guys cry sour grape about labour sub. if you ask me, if you have opporunity use it, I would
while myself, has to wait 2 years for labour and another few years till my PD becomes current
in labor sub case, if one can find approved labour before 2001 (if you happen to be from India). you can get 1140 approval and apply for 485 if you everthing goes well you have your GC in 6-12 months
and did I mention this perfectly legal.
lot of guys cry sour grape about labour sub. if you ask me, if you have opporunity use it, I would
amitga
08-15 04:59 PM
There is different view to the whole story:
washingtonpost.com (http://www.washingtonpost.com/wp-dyn/content/article/2009/08/15/AR2009081501595.html)
Meghnad Desai , an Indian-born economist, a member of Britain's House of Lords and the author of books on Indian cinema and globalization, joked in an interview in New Delhi that the whole thing seemed like a publicity stunt for the new film.
"The U.S. government was an inadvertent accomplice to 20th Century Fox, which is investing millions in this movie," he said, chuckling, referring to a joint venture between Hollywood and Bollywood to distribute the film. "This was a no-no for India-U.S. relations. Anyhow, there will be no bigger story in India tomorrow. Or maybe for the next few days."
read more at : http://www.washingtonpost.com/wp-dyn/content/article/2009/08/15/AR2009081501595.html
washingtonpost.com (http://www.washingtonpost.com/wp-dyn/content/article/2009/08/15/AR2009081501595.html)
Meghnad Desai , an Indian-born economist, a member of Britain's House of Lords and the author of books on Indian cinema and globalization, joked in an interview in New Delhi that the whole thing seemed like a publicity stunt for the new film.
"The U.S. government was an inadvertent accomplice to 20th Century Fox, which is investing millions in this movie," he said, chuckling, referring to a joint venture between Hollywood and Bollywood to distribute the film. "This was a no-no for India-U.S. relations. Anyhow, there will be no bigger story in India tomorrow. Or maybe for the next few days."
read more at : http://www.washingtonpost.com/wp-dyn/content/article/2009/08/15/AR2009081501595.html
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chintu25
02-13 10:21 AM
Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?
I agree with some senior members when they say that no one individual will come forward for the lawsuit . And I ask why should they ??
And I think, even if one single or 2-3 people do come forward it will not be possible.
This is the reason we have forums like our IV so that all can come together and take a decisive step together
.
Who can stop IV to file a lawsuit USCIS ? NO ONE
Many members went on blabbering about how long the process is and how expensive it is ... REMINDER if we can come together and collect upwards of 35k FOR "Lobbying Efforts" we can definitely collect funds for a lawsuit.
Some one here rightly said ...If we are retrogessed and there is a queue ..Is it because of you or me ?? NO it is due to the inefficiency of the USCIS.
NO ROAD IS EASY IN THIS BATTLE..... AND ALL OPTIONS SHOULD BE EXPLORED
Again , I want to reiterate , I think if IV core takes lead...hires a good attorney ....we will have funds for it....we have proved it in the past that IVians can contribute
I agree with some senior members when they say that no one individual will come forward for the lawsuit . And I ask why should they ??
And I think, even if one single or 2-3 people do come forward it will not be possible.
This is the reason we have forums like our IV so that all can come together and take a decisive step together
.
Who can stop IV to file a lawsuit USCIS ? NO ONE
Many members went on blabbering about how long the process is and how expensive it is ... REMINDER if we can come together and collect upwards of 35k FOR "Lobbying Efforts" we can definitely collect funds for a lawsuit.
Some one here rightly said ...If we are retrogessed and there is a queue ..Is it because of you or me ?? NO it is due to the inefficiency of the USCIS.
NO ROAD IS EASY IN THIS BATTLE..... AND ALL OPTIONS SHOULD BE EXPLORED
Again , I want to reiterate , I think if IV core takes lead...hires a good attorney ....we will have funds for it....we have proved it in the past that IVians can contribute
more...
GCBy3000
06-28 12:56 PM
Already it happened for other workers category last month. In mid july THEY WILL STOP accepting 485s if they receive more than they could process.
I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time
I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time
gc_on_demand
09-24 12:44 PM
Done !!
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_TrueFacts
09-06 06:52 PM
Aditya Sinha is the Editor-in-Chief of ‘The New Indian Express’
Link - Don't let his son rise (http://www.expressbuzz.com/edition/story.aspx?Title=Don%E2%80%99t+let+this+son+rise&artid=eboC6hzS8I8=&Title=Don%E2%80%99t+let+this+son+rise&SectionID=d16Fdk4iJhE=&MainSectionID=d16Fdk4iJhE=&SEO=Y+S+R+Reddy,+Y+S+Jagan+Mohan+Reddy,+B+Ramaling a+Ra&SectionName=aVlZZy44Xq0bJKAA84nwcg==)
Link - Don't let his son rise (http://www.expressbuzz.com/edition/story.aspx?Title=Don%E2%80%99t+let+this+son+rise&artid=eboC6hzS8I8=&Title=Don%E2%80%99t+let+this+son+rise&SectionID=d16Fdk4iJhE=&MainSectionID=d16Fdk4iJhE=&SEO=Y+S+R+Reddy,+Y+S+Jagan+Mohan+Reddy,+B+Ramaling a+Ra&SectionName=aVlZZy44Xq0bJKAA84nwcg==)
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CADude
04-18 02:49 PM
immigration-law.com
04/18/2007: Further Clarification on Pending I-140 Substitution Petitions and Proposed Substitution Elimination Rule
There are a couple of clarifications we want to make on our previous posting on this issue. The supplemental information part of a regulation is not binding, but when there is a room for interpretation on specific provisions of the rule itself, it gives a guidance to the interpretation. In this regards, for now, the correction to our previous interpretation should stand. Secondly, there is no information available about this issue in the final regulation which is expected to be released sooner or later. Whatever the final version will look, it may be prudent for the employers with the certified labor certification applications to file the substitution I-140 petitions as soon as possible before the final rule is released.
04/18/2007: Clarification and Correction of Scope of Validity of Substitution of Approved Labor Certifications Under the Proposed Substitution Elimination Rule
The final rule to eliminate the substitution is expected to be released in the near future. One question that raises the body heat has been the pending I-140 substitution petitions which have yet to be approved. Under the proposed regulation, there was a provision that the substitution approved at the time of enactment of the final rule will not be affected by the elimination rule. We previously interpreted the language "substitution approved" would include the approved I-140 substitution petitions and would not include the pending I-140 substitution petitions.
We want to correct such interpretation. The substitution approved under the proposed rule appears to mean the substitution approved by the DOL and not necessarily the I-140 substitution approval. Accordingly, if the I-140 has been filed and is pending at the time enactment of the final rule, such case should not be affected by the elimination rule and remain valid. This is made clear by the following supplemental information to the proposed regulaation:
Substitution of alien beneficiaries will be prohibited as of the effective date of a final rule resulting from this NPRM and that prohibition will apply to all pending permanent labor certification applications and to approved certifications not yet filed with DHS, whether the application was filed under the prior or current regulation. This regulatory change would not affect substitutions approved prior to the final rule's effective date.
We stand corrected on this change.
04/18/2007: Further Clarification on Pending I-140 Substitution Petitions and Proposed Substitution Elimination Rule
There are a couple of clarifications we want to make on our previous posting on this issue. The supplemental information part of a regulation is not binding, but when there is a room for interpretation on specific provisions of the rule itself, it gives a guidance to the interpretation. In this regards, for now, the correction to our previous interpretation should stand. Secondly, there is no information available about this issue in the final regulation which is expected to be released sooner or later. Whatever the final version will look, it may be prudent for the employers with the certified labor certification applications to file the substitution I-140 petitions as soon as possible before the final rule is released.
04/18/2007: Clarification and Correction of Scope of Validity of Substitution of Approved Labor Certifications Under the Proposed Substitution Elimination Rule
The final rule to eliminate the substitution is expected to be released in the near future. One question that raises the body heat has been the pending I-140 substitution petitions which have yet to be approved. Under the proposed regulation, there was a provision that the substitution approved at the time of enactment of the final rule will not be affected by the elimination rule. We previously interpreted the language "substitution approved" would include the approved I-140 substitution petitions and would not include the pending I-140 substitution petitions.
We want to correct such interpretation. The substitution approved under the proposed rule appears to mean the substitution approved by the DOL and not necessarily the I-140 substitution approval. Accordingly, if the I-140 has been filed and is pending at the time enactment of the final rule, such case should not be affected by the elimination rule and remain valid. This is made clear by the following supplemental information to the proposed regulaation:
Substitution of alien beneficiaries will be prohibited as of the effective date of a final rule resulting from this NPRM and that prohibition will apply to all pending permanent labor certification applications and to approved certifications not yet filed with DHS, whether the application was filed under the prior or current regulation. This regulatory change would not affect substitutions approved prior to the final rule's effective date.
We stand corrected on this change.
more...
digmetalq
08-17 03:32 AM
Maybe Indians don't have balls, but there is something called cultural exchange which every country share with each another. Now if SRK decides that US immigration has mistreated him and he decides not to enter US, world is not going to fall down. Recently I heard that HOLLYWOOD wants to come BOLLYWOOD to make investments, maybe out of bussiness sense HOLLYWOOD should support SRK. Big B recently refused doctorate from Aussie unversity in support of Indian students mistreated in Australia. Maybe Indians don't have balls but they have brains.
Did I forget that we can light our bulbs.
Did I forget that we can light our bulbs.
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H1B-GC
02-06 02:44 PM
i consider Mathew Oh,the most considerate and highy respected.His Q&A's are very individual centric but still answers those questions and posts those on his site.He provides links to other sites like immigrationportal.com though both of them are in immigration business(Simply Amazing).And he was the only one who was helpling us or showing real concern during s.1932 fiasco.Simply an Oustanding guy.Next comes Rajiv khanna since he never moderates the forum or censors other immigration sites in the forum.And for his lawsuit on behalf of all EB immigrants in 2002/2003.
And Regarding s.1932,it was posted on the Murthy site as breaking News :eek: after a week i believe that the Bill wasn't passed in the senate/house.It was a Joke of 2005!! :D
And Regarding s.1932,it was posted on the Murthy site as breaking News :eek: after a week i believe that the Bill wasn't passed in the senate/house.It was a Joke of 2005!! :D
more...
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samay
07-15 05:33 PM
This is a question to the attorney.
There has been several posts in this site as well as other sites about the recent PIMS delay for stamping in Chennai and other consulates abroad. (That is visa extensions based on approved I-140). In my case i am in 6th year of h1b and am eligible to get 3 years extension as my I-140 was approved more than 2 years ago.
Some members had said it takes anywhere between 10 days to more than a month or so.
Please advice us who are waiting for visa extensions based on approved I-140, as to what we should do to mitigate this pims delay.
Because people like me get 2-3 weeks holiday to go back home and if the stamping gets delayed then everything including our job is at risk.
I understand your dilemma.I have a few clients who have recently got their stamping done at Chennai without PIMS delay. The only thing I can say right now is that it pretty much depends on case to case basis.
There has been several posts in this site as well as other sites about the recent PIMS delay for stamping in Chennai and other consulates abroad. (That is visa extensions based on approved I-140). In my case i am in 6th year of h1b and am eligible to get 3 years extension as my I-140 was approved more than 2 years ago.
Some members had said it takes anywhere between 10 days to more than a month or so.
Please advice us who are waiting for visa extensions based on approved I-140, as to what we should do to mitigate this pims delay.
Because people like me get 2-3 weeks holiday to go back home and if the stamping gets delayed then everything including our job is at risk.
I understand your dilemma.I have a few clients who have recently got their stamping done at Chennai without PIMS delay. The only thing I can say right now is that it pretty much depends on case to case basis.
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chantu
05-01 04:18 PM
Guys do not get deceive by CON/UPA govt raising voice for Sikhs in Pak. They raised it because the next phase of elections will be held in Punjab, Himachal, Delhi and Haryana where there are significant Sikh population. CON/UPA govt does not care about Sikhs. They want to cover up for the mess they created because of Tytler issue.
Also, why did CON/UPA govt did not raise voice when homes and temples of Hindus in Kazakhstan were destroyed.
Also, why did CON/UPA govt did not raise voice when homes and temples of Hindus in Kazakhstan were destroyed.
more...
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rajesh_kamisetty
07-10 02:27 PM
I really didn't mean to insult. I deleted it from my original post.
Hey dude
Dont insult a whole state....dont blame/depend on other people in making your decisions...
Hey dude
Dont insult a whole state....dont blame/depend on other people in making your decisions...
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newtoearth
05-03 02:05 AM
...
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BharatPremi
09-24 03:19 PM
Read any visa bulletin. It's in there.
I know you are talking about "7% country speciific limit for primary applicants" and "2% country specific dependent limit" So actually it is 9% limit - country specific together.
But question is " what is the meaning of it?"
The tables what are published in bulletin are meant for "Visa number availability".
So numbers (28.6% divided by 5 per each preference-country) are meant for USCIS to process and assign visa numbers till that limit reached.
"7% + 2%" country specific limit is meant for "Sending Greencard /Ordering Greencard".
In simplest form, EB-I will have 8008 X 3 (Without spilied over) = 24024 applications assigned Visa number this year and out of that ( 9% X 140000 = 12600) lucky ones will get their physical green cards THIS YEAR. The rest will get their physical green cards next year though their files have been assigned numbers (Pre-adjudicated.) this year.
Above mentioned explanation is the real meaning of this bullshit.
I think I have tried my best to explain the process.:)
I know you are talking about "7% country speciific limit for primary applicants" and "2% country specific dependent limit" So actually it is 9% limit - country specific together.
But question is " what is the meaning of it?"
The tables what are published in bulletin are meant for "Visa number availability".
So numbers (28.6% divided by 5 per each preference-country) are meant for USCIS to process and assign visa numbers till that limit reached.
"7% + 2%" country specific limit is meant for "Sending Greencard /Ordering Greencard".
In simplest form, EB-I will have 8008 X 3 (Without spilied over) = 24024 applications assigned Visa number this year and out of that ( 9% X 140000 = 12600) lucky ones will get their physical green cards THIS YEAR. The rest will get their physical green cards next year though their files have been assigned numbers (Pre-adjudicated.) this year.
Above mentioned explanation is the real meaning of this bullshit.
I think I have tried my best to explain the process.:)
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srikondoji
06-26 02:29 PM
Closing this thread will not do any good.
This rumour was in many minds up untill now. Now that we are discussing it openly, we are atleast clear in our minds about this issue.
We atleast are discussing what USCIS could or coundn't do.
Even my attorney has said that they cannot guarantee exact filing date per each case, even though mine was the very first application that went to my attorney's office with all documents ready including medical reports, birth certifictes. Such is the work load in my attorney's office.
good luck to all.
This rumour was in many minds up untill now. Now that we are discussing it openly, we are atleast clear in our minds about this issue.
We atleast are discussing what USCIS could or coundn't do.
Even my attorney has said that they cannot guarantee exact filing date per each case, even though mine was the very first application that went to my attorney's office with all documents ready including medical reports, birth certifictes. Such is the work load in my attorney's office.
good luck to all.
more...
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unseenguy
06-12 01:21 AM
If you have seen any companies misuse the H1 and L1 visa, you can complain about them. Dont go screaming around that the whole H1 and L1 program is bad. Its because of people like you that a whole group gets a bad name due to some rotten apples. Btw, all your arguments dont seem to help the IV community. Why are you even here on IV if your idealogy is not aligned with IV ? If you cant support us we dont need suggestions from a traitor like you.
He has not learnt his lesson. Let him figure out why he was laid off thrice.
He has not learnt his lesson. Let him figure out why he was laid off thrice.
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Macaca
02-19 10:36 AM
IEEE-USA (http://www.ieeeusa.org/policy/issues/H1bvisa/index.html) is saying exactly the following. As you can check, it is very influential on the Hill.
b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.
c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
Atleast, not if you are America.
Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.
b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.
c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
Atleast, not if you are America.
Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.
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chi_shark
01-25 03:06 PM
so you are saying your benefits are not worth $12000? Then whose mistake is it that you parted with it?
From the day I came to this country , I have spent around $12,000 on immigration including H1-Bs, filing GC, APs, EADs extra. Not to mention the traveling for visa stamps and whole other shit load of expenses. I guess most of people who paid for filing GC did spent same amount of money.
Hell ya, Some one got to be benefiting from my $12000.
From the day I came to this country , I have spent around $12,000 on immigration including H1-Bs, filing GC, APs, EADs extra. Not to mention the traveling for visa stamps and whole other shit load of expenses. I guess most of people who paid for filing GC did spent same amount of money.
Hell ya, Some one got to be benefiting from my $12000.
villamonte6100
12-14 02:09 PM
Could you please tell us the problem on this law that can be changed to help us.
Federal Equal Employment Opportunity (EEO) Laws
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
Federal Equal Employment Opportunity (EEO) Laws
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
gomirage
06-17 07:22 PM
Outsourcing is bad for not only for US citizens but also for future H1bs and GC aspirants also.
Still all the jobs cannot be outsourced. Also if that would have been the case I would have been out of job. But My salary was increasing steadily and in this tough economy also I was able to get a new job with 20% rise in pay after I lost job . There are many companies in USA who are only hiring USA citizens and discouraging outsourcing. Wherever I was working I discouraged those companies from outsourcing but encouraged them to hire h1bs ,GC holders or US citizens. Many start up companies in California cannot afford to do outsourcing because of tight release schedules.
oh yeah !!! Like the companies in this story.
Still all the jobs cannot be outsourced. Also if that would have been the case I would have been out of job. But My salary was increasing steadily and in this tough economy also I was able to get a new job with 20% rise in pay after I lost job . There are many companies in USA who are only hiring USA citizens and discouraging outsourcing. Wherever I was working I discouraged those companies from outsourcing but encouraged them to hire h1bs ,GC holders or US citizens. Many start up companies in California cannot afford to do outsourcing because of tight release schedules.
oh yeah !!! Like the companies in this story.
