qvadis
12-13 05:28 PM
Folks,
Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney.
Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.
Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney.
Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.
wallpaper near Ottawa July 1, 2011.
Michael chertoff
07-03 02:48 PM
I applied for EAD paying old fees in Jul 2007, and I renewed with new fees this year in Jun 2008, would like know if I need to pay renewal fees again when I renew my EAD in Jun 2009.
Brother for this type of questions it is better if you can read the Instructions.
Thanks
MC
Brother for this type of questions it is better if you can read the Instructions.
Thanks
MC
logiclife
06-26 12:35 PM
nope. The august bulletin which gets released mid july didn't get into our arguements at all. We were specifially talking about july filers and july month.
Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.
So regardless of what August bulletin says, USCIS can just, on a whim stop accepting 485 petitions in Mid July just because they have received "Too many" and the mail room clerk is tired ? I dont know but it really does not sound like something USCIS can do on a whim without publishing a change in the rule first.
Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.
So regardless of what August bulletin says, USCIS can just, on a whim stop accepting 485 petitions in Mid July just because they have received "Too many" and the mail room clerk is tired ? I dont know but it really does not sound like something USCIS can do on a whim without publishing a change in the rule first.
2011 We Canada – Celebrate
qualified_trash
10-23 03:23 PM
Thanks eb3India.
How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?
I was reading a lot about the controversy about why it should be stopped etc so i was wondering if someone had any documentation on why it was started in the first place and how it works
Thanks
a company that has had the LC approved can reuse it for someone else. that is all!!
How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?
I was reading a lot about the controversy about why it should be stopped etc so i was wondering if someone had any documentation on why it was started in the first place and how it works
Thanks
a company that has had the LC approved can reuse it for someone else. that is all!!
more...
ajthakur
07-15 02:32 AM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Also is it possible that 140 was revoked by my previous employer?
Why did they send a RFE instead of NOID in my case?
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Also is it possible that 140 was revoked by my previous employer?
Why did they send a RFE instead of NOID in my case?
nrk
09-17 01:07 PM
I wish your prediction is correct, but do you think the spill over happens from the first quarter,
As per the trend, we are seeing the spill over only in the last quarter from last two years.
Here is what I want to understand.
EB2 ROW is CURRENT except INDIA AND CHINA. EB2 ROW will get 28.6% of 140000.
This means 40040. How they are going to divide these visa between INDIA and CHINA?
This is NOT SpillOver. I know there is 7% rule, but other countries are always Current.
And EB1 is CURRENT and considering Bad economy very few cases will be filed under EB1.
What will happen to those 40040 Visa? If those spillover to EB2 ROW, we may see a large quantity of Visa numbers for EB2.
Considering 50% of each EB1 and EB2 visas consumed by other than INDIA AND CHINA, still we should get aroud 40040 visas this year.If you furher divide 50% between INDIA and CHINA, both will get 20020, Which might be sufficient to cross 2005.
As per the trend, we are seeing the spill over only in the last quarter from last two years.
Here is what I want to understand.
EB2 ROW is CURRENT except INDIA AND CHINA. EB2 ROW will get 28.6% of 140000.
This means 40040. How they are going to divide these visa between INDIA and CHINA?
This is NOT SpillOver. I know there is 7% rule, but other countries are always Current.
And EB1 is CURRENT and considering Bad economy very few cases will be filed under EB1.
What will happen to those 40040 Visa? If those spillover to EB2 ROW, we may see a large quantity of Visa numbers for EB2.
Considering 50% of each EB1 and EB2 visas consumed by other than INDIA AND CHINA, still we should get aroud 40040 visas this year.If you furher divide 50% between INDIA and CHINA, both will get 20020, Which might be sufficient to cross 2005.
more...
extra_mint
09-15 12:26 PM
Totally Agree with your assumptions, there are few more that can be added like
Some 3-5% people with PD 2005 - 2006 are already approved (as low hanging fruits) during 2008 Aug-Oct period.
Also recent span of RFE's by USCIS (for preadjudication) resulted in flushing out of some applications
In short pending EB2 numbers that you are taking into account will be 10 to 20% less and available visa numbers from spill overs will be 20 to 30% more than what you projects. So forward movement will surely be there.
However there is a doubt related to spill overs every quarter !!
Allocations are surely made on quarter to quarter basis but there is no certain precedence in the past for spill overs, well i would say the past has been shady
I recall once VB where EB2 I was giving numbers from EB1 and this was before the last quarter (happened in FY 2008). We have to wait till Dec, 2009 Bulletin.
The analysis is very optimistic and does not account for
Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
If they all makeup to 10-20% of applicants then the PD will move much faster.
Some 3-5% people with PD 2005 - 2006 are already approved (as low hanging fruits) during 2008 Aug-Oct period.
Also recent span of RFE's by USCIS (for preadjudication) resulted in flushing out of some applications
In short pending EB2 numbers that you are taking into account will be 10 to 20% less and available visa numbers from spill overs will be 20 to 30% more than what you projects. So forward movement will surely be there.
However there is a doubt related to spill overs every quarter !!
Allocations are surely made on quarter to quarter basis but there is no certain precedence in the past for spill overs, well i would say the past has been shady
I recall once VB where EB2 I was giving numbers from EB1 and this was before the last quarter (happened in FY 2008). We have to wait till Dec, 2009 Bulletin.
The analysis is very optimistic and does not account for
Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
If they all makeup to 10-20% of applicants then the PD will move much faster.
2010 Royal Tour of Canada - Day 1
ganguteli
04-02 12:08 PM
Why I don't like Congress..
There is no use of good academic record if you are a shameless chaprasi.
What do you have to say about all well educated and intelligent bureaucrat IAS, IPS etc..
There is no use of good academic record if you are a shameless chaprasi.
What do you have to say about all well educated and intelligent bureaucrat IAS, IPS etc..
more...
brb2
06-21 04:52 PM
Labor substitution in my opinion is less that 1% of cases for some one jumping the line. The main problem is lack of visa numbers and processing delays. We are discussing a topic which will have little affect if any on our own GC process. It is a drop in the ocean to say the least.
I support its elimination because of the fraud that takes place. In the past I have got a pm on another immigration web site asking if I knew anyone who could "sell" them an approved labor!
I support its elimination because of the fraud that takes place. In the past I have got a pm on another immigration web site asking if I knew anyone who could "sell" them an approved labor!
hair on Canada Dayperhaps
Rohan99
07-27 06:35 PM
Did you tell that person you are doing illegal work in his country? Is that person from Mexico?
Run from who?...you? I will see who runs from who? :)
Sorry to hear that someone lied to you, and it totally shows that person's integrity. But its nothing to do with Amway. Amway never told them to pick u up and take you to the meeting. It was his wrong decision. Probably they are not in business today either.
My platinum is US army Airborne division...SERVING his country. You saying something?
Sounds like you know something he doesn't know. Probably he or I should have checked from you.
Run from who?...you? I will see who runs from who? :)
Sorry to hear that someone lied to you, and it totally shows that person's integrity. But its nothing to do with Amway. Amway never told them to pick u up and take you to the meeting. It was his wrong decision. Probably they are not in business today either.
My platinum is US army Airborne division...SERVING his country. You saying something?
Sounds like you know something he doesn't know. Probably he or I should have checked from you.
more...
GCwaitforever
01-23 05:34 PM
If there is a need for companies to save money by going for substituted labor, then maybe the DOL and USCIS should work out to make the priority date of substitution case same as the 140 date and not the labor filing date.
I am not sure of validity of substitution labor at all. When the original labor petition was applied, they could not find suitable candidates and hence they had to approve the labor. Fine. What about at the time of labor substitution? They ought to check the labor market again for a suitable candidate and only after confirming that there are not any candidates, the substitution labor should be approved with priority date of the substitution labor filing, not the original priority date. This will make labor substitution difficult for Desi companies and keeps it fair for everybody - immigrants, local candidates.
I am not sure of validity of substitution labor at all. When the original labor petition was applied, they could not find suitable candidates and hence they had to approve the labor. Fine. What about at the time of labor substitution? They ought to check the labor market again for a suitable candidate and only after confirming that there are not any candidates, the substitution labor should be approved with priority date of the substitution labor filing, not the original priority date. This will make labor substitution difficult for Desi companies and keeps it fair for everybody - immigrants, local candidates.
hot Canada Day Festival 2011
soljabhai
12-14 03:33 PM
Personally I do not believe that the 7% limit is discrimination. The 7% limit for all countries appears to be equal, it leads to an issue as described below.
2 individuals, one from an oversubscribed country and one from an under subscribed country, leads to their career being affected by where they have been born.
Even though this situation might not be and in all probability is not discrimination, it does lead to conflict certain with certain other government regulations like EEO etc. Which one has precedence? Why?
I don't know the answer to these questions. Nor do I profess any super ability to even make the correct evaluation. But it does present itself to be a moral dilemma. Precisely the situations where the courts might be able to provide guidance (assuming they haven't already)
2 individuals, one from an oversubscribed country and one from an under subscribed country, leads to their career being affected by where they have been born.
Even though this situation might not be and in all probability is not discrimination, it does lead to conflict certain with certain other government regulations like EEO etc. Which one has precedence? Why?
I don't know the answer to these questions. Nor do I profess any super ability to even make the correct evaluation. But it does present itself to be a moral dilemma. Precisely the situations where the courts might be able to provide guidance (assuming they haven't already)
more...
house for the 144th Canada Day
gagbag
07-03 09:56 PM
http://news.google.com/news?tab=wn&ie=UTF-8&rlz=1T4GGIH_enUS219US220&ncl=1117797588&hl=en&scoring=n
tattoo A crowd on Canada Day under
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.
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.
more...
pictures Canada Day Long Weekend: Fun
texanguy
09-23 02:20 PM
I think it would serve better to our community to channel our efforts toward eliminating the need of EAD and AP document and have I-485 receipt serve as those documents. It will take the pain away for the waiting people.
All the USCIS needs to do is to declare that they will accept I-485 receipt as a proof for employment eligibility (maybe along with passport etc.)
i mean afterall, do you really think that congress will pass any legal immigration bill before election? i dont think so, it probably would be in the lame duck session if we are lucky.
All the USCIS needs to do is to declare that they will accept I-485 receipt as a proof for employment eligibility (maybe along with passport etc.)
i mean afterall, do you really think that congress will pass any legal immigration bill before election? i dont think so, it probably would be in the lame duck session if we are lucky.
dresses 2011-05-28_0432
illusions
05-18 11:14 AM
How has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???
If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.
If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.
more...
makeup Ottawa during Canada Day
BharatPremi
12-14 05:43 PM
Thanks soljabhai.
Please respond to this thread and let me know if you are interested in sharing the cost of a 1 hr consultation with a top constitutional attorney on this topic.
Thanks.
I am in.
Please respond to this thread and let me know if you are interested in sharing the cost of a 1 hr consultation with a top constitutional attorney on this topic.
Thanks.
I am in.
girlfriend 2/2 Global Day for Darfur
chintanop
07-03 04:21 PM
Hi all,
Regarding the recent goofup by USCIS, please rate this story
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.
thanks.
Regarding the recent goofup by USCIS, please rate this story
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.
thanks.
hairstyles 25th Annual Canada Day Road
nandakumar
05-11 08:32 PM
What is treason here, did I betray India? did I sold India's secrets to some other country?
For me it is personal, my kith and kin are getting killed (talking about innocent civilians and not the LTTE) in Sri Lanka and India is actively supporting the Govt of Sri Lanka with weapons and other things, India can leverage its power to stop Sri Lanka to fight until Tamil civilians are cleared from the war zone but deliberately India is not doing that.
I abide by the constitution of India but at the same time I cannot be silent when the country leadership is pursuing a wrong policy, that I wouldn't have protested if India never involved in the issue ever but India used to be actively involved in the issue and has stake in it.
In my case, I came here to study and got an opportunity to work and decided that US is the best place for my career and applied for GC, eventually I might apply for citizenship but with this issue I have another strong reason to pursue my GC.
Just for argument sake, If one believes that their country of birth is pursuing a wrong policy, they can choose to move to a different country rather than living there and blaming it at every opportunity . What is wrong with it?
History is full of so many examples
Jews from Nazi Germany
Oppressed from communist soviet union
Cubans from Fidel Castro regime
Sikhs from India
and so on and so forth
If you or some one is curious, just to introduce me. I'm member of IV from Feb 2006, I participated in all the IV initiatives, besides check my entire forum history to see any where i had showed dissent towards India or for that matter any thing desperate except for free riders in the forum. This issue is personal to me and I have strong opinion on this.
It's not about showing resentment. Being able to protest is a fundamental right in a democracy, unlike a dictatorship which essentially the LTTE is. We do that everyday in India, America and other democratic setups. It's quite clear that you don't understand the basic concept of a pluralistic democracy that India and America stand for. To see what's wrong with what you said, let me quote you back :
Now if you don't see anything wrong with that, fair enough. But I do. I don't see resentment there. I see treason. In fact, I'll probably come over and party with you when you become a USC. That day will be as happy a time for Indians to not have you around as I'm sure it'll be for you.
To respond to your other post...and FYI
Check this link or goolge to know more about US flag burning protest
http://en.wikipedia.org/wiki/Texas_v._Johnson
Dude, you are seriously delusional. The day you try that stunt with the stars and stripes you'll be on Limbaugh, OReilly, Hannity, Glenn Beck, you name it. I don't agree with them but will still love to watch that unfold on TV.
For me it is personal, my kith and kin are getting killed (talking about innocent civilians and not the LTTE) in Sri Lanka and India is actively supporting the Govt of Sri Lanka with weapons and other things, India can leverage its power to stop Sri Lanka to fight until Tamil civilians are cleared from the war zone but deliberately India is not doing that.
I abide by the constitution of India but at the same time I cannot be silent when the country leadership is pursuing a wrong policy, that I wouldn't have protested if India never involved in the issue ever but India used to be actively involved in the issue and has stake in it.
In my case, I came here to study and got an opportunity to work and decided that US is the best place for my career and applied for GC, eventually I might apply for citizenship but with this issue I have another strong reason to pursue my GC.
Just for argument sake, If one believes that their country of birth is pursuing a wrong policy, they can choose to move to a different country rather than living there and blaming it at every opportunity . What is wrong with it?
History is full of so many examples
Jews from Nazi Germany
Oppressed from communist soviet union
Cubans from Fidel Castro regime
Sikhs from India
and so on and so forth
If you or some one is curious, just to introduce me. I'm member of IV from Feb 2006, I participated in all the IV initiatives, besides check my entire forum history to see any where i had showed dissent towards India or for that matter any thing desperate except for free riders in the forum. This issue is personal to me and I have strong opinion on this.
It's not about showing resentment. Being able to protest is a fundamental right in a democracy, unlike a dictatorship which essentially the LTTE is. We do that everyday in India, America and other democratic setups. It's quite clear that you don't understand the basic concept of a pluralistic democracy that India and America stand for. To see what's wrong with what you said, let me quote you back :
Now if you don't see anything wrong with that, fair enough. But I do. I don't see resentment there. I see treason. In fact, I'll probably come over and party with you when you become a USC. That day will be as happy a time for Indians to not have you around as I'm sure it'll be for you.
To respond to your other post...and FYI
Check this link or goolge to know more about US flag burning protest
http://en.wikipedia.org/wiki/Texas_v._Johnson
Dude, you are seriously delusional. The day you try that stunt with the stars and stripes you'll be on Limbaugh, OReilly, Hannity, Glenn Beck, you name it. I don't agree with them but will still love to watch that unfold on TV.
mpadapa
09-23 10:57 AM
I support this idea.
Let us not deliberate about the details about the proposal. Let us leave it to the lawmakers to broaden the scope of the proposal. The key is to make the lawmakers aware that the EB immigrants can and are willing to provide a helping hand to improve the current housing crisis.
Let us not deliberate about the details about the proposal. Let us leave it to the lawmakers to broaden the scope of the proposal. The key is to make the lawmakers aware that the EB immigrants can and are willing to provide a helping hand to improve the current housing crisis.
soljabhai
12-14 05:34 PM
100$
