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....??
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....??
wallpaper for Grace Kelly.
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.
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.
gc_bulgaria
02-12 02:52 PM
Does this mean they have accounted for the people who will claer the name check hurdle after the recent memo? I was expecting EB2 ROW to retrogress based on that.
2011 Classic Grace Kelly Moodboard
Picasa
07-27 03:08 PM
If you are making lot of money "more than $115". Please donate it to IV.
I get good monthly checks every month (more then $115), and they don't seem to bounce either. And good thing it increases. Don't need to google anything while I can get from credible sources.
I get good monthly checks every month (more then $115), and they don't seem to bounce either. And good thing it increases. Don't need to google anything while I can get from credible sources.
more...
_TrueFacts
09-04 10:57 AM
Mr. or Mrs, so called "TrueFacts", you must be ashamed of your own thoughts. On seeing this thread, you created a fake account and became a keyboard warrior. Why? What is your other avatar? Are you suffering from multiple personality syndrome?
....
RajSenthil,
Picking on me will not change the fact that YSR was a corrupt, factionist gunda, land grabber who has killed numerous people. If you have a point against that, say so.
I am providing links to that reason.
Why any one (pseudo or not) should have sympathy for the dead? Do you have sympathy for Saddam, Hitler? Facts are facts. YSR�s death has contributed to this discussion. It does not matter what my ID is, where I am and if I am Mr or Mrs.
....
RajSenthil,
Picking on me will not change the fact that YSR was a corrupt, factionist gunda, land grabber who has killed numerous people. If you have a point against that, say so.
I am providing links to that reason.
Why any one (pseudo or not) should have sympathy for the dead? Do you have sympathy for Saddam, Hitler? Facts are facts. YSR�s death has contributed to this discussion. It does not matter what my ID is, where I am and if I am Mr or Mrs.
alterego
12-14 01:33 PM
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.
more...
_TrueFacts
09-04 11:53 AM
If not today, every one will get GC tomorrow. Members of IMV or not.
But that shouldn't stop us from visiting this site.
As for deleting my id and this thread. If it it happens then it emphasizes the fact that IMV is no different than corrupt YSR.
If you guys(dealsnet, breddy2000) can't make any sensible contribution to this discussion..keep away from it.
But that shouldn't stop us from visiting this site.
As for deleting my id and this thread. If it it happens then it emphasizes the fact that IMV is no different than corrupt YSR.
If you guys(dealsnet, breddy2000) can't make any sensible contribution to this discussion..keep away from it.
2010 Grace Kelly Inspired Wedding
tikka
07-04 08:18 AM
I sent this email to around 500 media contacts
Dear Reporter/ Senator/ Congressman,
I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).
Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.
We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.
Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.
Yours Sincerely,
for your efforts
Dear Reporter/ Senator/ Congressman,
I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).
Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.
We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.
Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.
Yours Sincerely,
for your efforts
more...
sunny1000
06-28 08:22 PM
I suggest that you do this: Send the URL from AILA's memo about what happened to EB3-other worker category in June. And copy your HR and senior folks of your company when you email lawyer. That will tend to focus the attention of your lawfirm and they will either have to say "We will file asap" or they will have to say "AILA's memo doesnt mean anything".
I bet they will come back with the former conclusion.
Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.
The lawyers are like USCIS where you are a "case" and not a human being. So, their attitude is that "I will get to it when I get to it" with no sense of urgency even when someone's life hangs on it...this is what they call "customer service" :rolleyes:
I bet they will come back with the former conclusion.
Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.
The lawyers are like USCIS where you are a "case" and not a human being. So, their attitude is that "I will get to it when I get to it" with no sense of urgency even when someone's life hangs on it...this is what they call "customer service" :rolleyes:
hair the quot;Grace Kelly: Style
sunny1000
12-13 05:06 PM
Good point. But point what we are discussing is whether the rules (per country based) made to process GC can be challenged in US Courts within its constitutional limits? If tomorrow US decides to shut down EB/FB we do not have problem. Certainly it has that right. But when US wishes to have those immigrants than do we (applicants - non -immigrants) have a right to challenge particular rule (here per country based limit) in Court?
The U.S government absolutely has that discretion to make any rule/law under the Foreign Policy doctrine which no Court will interfere. The analogy for this would be the rule - wet/dry policy - they follow with the Cuban immigrants who get a GC just based on landing on the U.S soil. Nobody can challenge that rule (which favors only migrants from Cuba - when Mexicans do the same, it is considered illegal) but, a cuban immigrant can challenge what constitutes U.S soil which the courts can decide.
In short, you cannot challenge the law itself but, can challenge how the law is interpreted.
The U.S government absolutely has that discretion to make any rule/law under the Foreign Policy doctrine which no Court will interfere. The analogy for this would be the rule - wet/dry policy - they follow with the Cuban immigrants who get a GC just based on landing on the U.S soil. Nobody can challenge that rule (which favors only migrants from Cuba - when Mexicans do the same, it is considered illegal) but, a cuban immigrant can challenge what constitutes U.S soil which the courts can decide.
In short, you cannot challenge the law itself but, can challenge how the law is interpreted.
more...
proengineer
10-15 02:59 PM
Interesting statistics posted on Ron Gotcher forum
Credit to Nolefan
Hello Ron,
I have been silent spectator for long and I greatly enjoy reading this blog. The knowledge you bring is great. The blog is very informative & insightful and has given us lots of useful information. I have been thinking of contributing to this blog for sometime related to Pending visa number and spillover topic and this is my first post regarding that.
Recently, I did some calculations on EB1 & EB spillover to EB2 India/China for FY 2010. Here are points I considered
* Average Consular processing numbers for EB1 & EB2 / year are based on historic data from 1998 to 2008. (Data is available on DHS site)
* All ROW EB1 & EB2 applications from following categories will be approved before spill over happens
o consular processing (EB1 & EB2)
o ROW (EB1 & EB2) + Mexico + Philippines
* most applications for India / China EB2 from 2004 and prior are approved except few as mentioned on CIS report.
* Even if there are EB2 ROW I140 applications are pending, they may not be more than few thousands (based historic EB2 usage from EB2 ROW). Based on economic conditions, I assumed 5000 new I485 applications after approval of I140.
Calculations
EB1 spill over
Total quota allowed: 40040
Average consular processing: 5290
AOS Pending: 4050
New applications: 2500
spill over from EB1 ~ 40040 - 5290 � 4050 � 2500
spill over from EB1~ 28500
EB2 spill over
Total quota allowed: 40040
Average consular processing: 2199
AOS Pending (ROW): 7871
New applications: 2500
spill over from EB1 ~ 40040 - 2199 � 7871 � 2500
spill over from EB1~ 27470
Total EB1 & EB2 spill over = 28500 + 27470
Total EB1 & EB2 spill over = 55970
EB4 spill over
Total quota allowed: 9800
Average visa numbers used: 7432�� based on data from 1998 to 2008
spill over = 2368
EB5 spill over
Total quota allowed: 9800
Average visa numbers used: 465 �� based on data from 1998 to 2008
2008 data: 1360
spill over : 8440
Total spill over for EB2 India / China: spill over from (EB1 + EB2 + EB3 + EB4)
i.e. 28500 + 27470 + 2368 + 8440 ..
Total spill over for EB2 India / China: 66778
Preadjudicated EB2 India / China applications ~ 51000
Total pending EB2 India / China ~ 67061
If spill over occurs quarterly, then I would expect EB2 India / China dates should faster throughout year may be current by end of FY 2010.
Credit to Nolefan
Hello Ron,
I have been silent spectator for long and I greatly enjoy reading this blog. The knowledge you bring is great. The blog is very informative & insightful and has given us lots of useful information. I have been thinking of contributing to this blog for sometime related to Pending visa number and spillover topic and this is my first post regarding that.
Recently, I did some calculations on EB1 & EB spillover to EB2 India/China for FY 2010. Here are points I considered
* Average Consular processing numbers for EB1 & EB2 / year are based on historic data from 1998 to 2008. (Data is available on DHS site)
* All ROW EB1 & EB2 applications from following categories will be approved before spill over happens
o consular processing (EB1 & EB2)
o ROW (EB1 & EB2) + Mexico + Philippines
* most applications for India / China EB2 from 2004 and prior are approved except few as mentioned on CIS report.
* Even if there are EB2 ROW I140 applications are pending, they may not be more than few thousands (based historic EB2 usage from EB2 ROW). Based on economic conditions, I assumed 5000 new I485 applications after approval of I140.
Calculations
EB1 spill over
Total quota allowed: 40040
Average consular processing: 5290
AOS Pending: 4050
New applications: 2500
spill over from EB1 ~ 40040 - 5290 � 4050 � 2500
spill over from EB1~ 28500
EB2 spill over
Total quota allowed: 40040
Average consular processing: 2199
AOS Pending (ROW): 7871
New applications: 2500
spill over from EB1 ~ 40040 - 2199 � 7871 � 2500
spill over from EB1~ 27470
Total EB1 & EB2 spill over = 28500 + 27470
Total EB1 & EB2 spill over = 55970
EB4 spill over
Total quota allowed: 9800
Average visa numbers used: 7432�� based on data from 1998 to 2008
spill over = 2368
EB5 spill over
Total quota allowed: 9800
Average visa numbers used: 465 �� based on data from 1998 to 2008
2008 data: 1360
spill over : 8440
Total spill over for EB2 India / China: spill over from (EB1 + EB2 + EB3 + EB4)
i.e. 28500 + 27470 + 2368 + 8440 ..
Total spill over for EB2 India / China: 66778
Preadjudicated EB2 India / China applications ~ 51000
Total pending EB2 India / China ~ 67061
If spill over occurs quarterly, then I would expect EB2 India / China dates should faster throughout year may be current by end of FY 2010.
hot my vision of style: GRACE
rajsenthil
09-03 09:42 AM
It is sad to lose a leader who got elected democratically.
It was also sad that few people who could support SRK (does that related to our immigration issue :confused:) but comfortably felt that missing YSR is not as important as SRK.
It was also sad that few people who could support SRK (does that related to our immigration issue :confused:) but comfortably felt that missing YSR is not as important as SRK.
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unseenguy
05-29 11:47 AM
Guys : Once again I would suggest not to use tunnel vision. I personally know one case of EB1 in cognizant where one of my closest friends who never scored more than me in college exams and doesnt make more than I do got his GC in EB1.
Whatever Mr Oppenheim is saying is precise bullshit! Its all political. He is a bureaucrat who needs to defend the political policies. Where have we seen any transparency? Is there any transparency to the whole process?
If Mr Oppenheim has numbers so handy, can he explain why there are wild swings in visa bulletin and not a computerized FIFO policy. I can understand some 15-20% overlap for cases stuck in name check, unapprovable, etc etc. But every month/year visa bulletin swings like a pendulum which doesnt know which way is the right way.
If you complain about EB1, your friends will also lose GCs and no body will get GC. With that you are effectively saying, I dont get GC, even X should not get GC.
Although I think EB1 problem is largely restricted to Cognizant and needs to be addressed.
Whatever Mr Oppenheim is saying is precise bullshit! Its all political. He is a bureaucrat who needs to defend the political policies. Where have we seen any transparency? Is there any transparency to the whole process?
If Mr Oppenheim has numbers so handy, can he explain why there are wild swings in visa bulletin and not a computerized FIFO policy. I can understand some 15-20% overlap for cases stuck in name check, unapprovable, etc etc. But every month/year visa bulletin swings like a pendulum which doesnt know which way is the right way.
If you complain about EB1, your friends will also lose GCs and no body will get GC. With that you are effectively saying, I dont get GC, even X should not get GC.
Although I think EB1 problem is largely restricted to Cognizant and needs to be addressed.
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lskreddy
04-23 03:24 PM
Unless the requirements said Bachelors plus five years experience will be accepted in lieu of Masters, the labor substitution is a risk. The people who go through these files go by rules and I think they are advised not to use any logical reasoning. It certainly would be risky to go for substitution unless you can produce what is needed.
Experience certificates are probably scrutinized in a less stringent way but education is a no-brainer and they might not approve. Ofcourse, I am not a lawyer, spend a couple of hundred with reputed lawyers. This might save a lot of grief later.
BTW, what does the employer's lawyer say? Don't they have one.
Experience certificates are probably scrutinized in a less stringent way but education is a no-brainer and they might not approve. Ofcourse, I am not a lawyer, spend a couple of hundred with reputed lawyers. This might save a lot of grief later.
BTW, what does the employer's lawyer say? Don't they have one.
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ujjvalkoul
10-04 11:16 AM
You can apply for Canadian PR while staying in the USA if you can demonstrate that you have entered the USA legally and stayed in the country legally for at least one year. That's what Canadian law says. I'm too lazy to look for the actual law -- just google it. ;)
You can apply for the Canadian citizenship after staying in Canada for three years out of four. Of these three years, you must be a PR for at least two years.
http://www.cic.gc.ca/english/citizen/becoming-howto.html
Yes... at the time of application the H1B should be valid for at least 1 year.... I got my papers returned to me coz of this. I reapplied once I renewd my H1 for 3 more yrs
You can apply for the Canadian citizenship after staying in Canada for three years out of four. Of these three years, you must be a PR for at least two years.
http://www.cic.gc.ca/english/citizen/becoming-howto.html
Yes... at the time of application the H1B should be valid for at least 1 year.... I got my papers returned to me coz of this. I reapplied once I renewd my H1 for 3 more yrs
dresses Erin O#39;Connor
delhirocks
06-26 11:53 PM
This is what my very very high profile attorney wrote in her email to me today....
" We have heard that there will be a visa regression the first week of July "
And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.
My post is not to spread rumors or scare people but to help them to grab this golden opportunity.
I am ready to send papers for July 1st.
good luck with that...
" We have heard that there will be a visa regression the first week of July "
And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.
My post is not to spread rumors or scare people but to help them to grab this golden opportunity.
I am ready to send papers for July 1st.
good luck with that...
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BharatPremi
09-25 07:45 PM
Quarterly spill over: no law change required; supported by both EB2 and EB3. This is the way to go.
Yes, it is supported by both but which group would support which method? Quarterly horizontal or quarterly vertical? :)
Yes, it is supported by both but which group would support which method? Quarterly horizontal or quarterly vertical? :)
girlfriend Grace Kelly Fridge Magnet
snthampi
08-02 04:43 PM
Can they stoop to such level?
I think they do. But again, it is my opinion. I have very bad opinion of these folks, because of my experience as a former IBO (15 days only) and a victim of torture by other IBOs.
I think they do. But again, it is my opinion. I have very bad opinion of these folks, because of my experience as a former IBO (15 days only) and a victim of torture by other IBOs.
hairstyles Style Icon: Grace Kelly
gc4me
03-27 10:19 AM
I did some internet search and found this Q&A in murthy.com
Cooool...people go ahead with LC Sub.
Q. I have a pending green card case based on a substituted labor. Do I need to worry about this proposed regulation?
�MurthyDotCom
A. It would not seem to affect pending green cards based on substituted labor, as long as the substitution was not being requested through the DOL. This regulation prohibits substitution through the DOL. So, if it were to go into effect, it is possible that it would end all pending requests for substitution of beneficiaries made to the DOL.
�MurthyDotCom
Most substitution requests are made via the USCIS at the I-140 petition filing stage. This involves labor certifications that have already been approved, and the substitution request is made in the filing of the I-140 petition at the USCIS. The regulation attacks this process by making labor certifications valid for only 45 days. Thus, all I-140s would have to be filed within 45 days of labor certification approval. Even if the regulation were to pass, however, it does not appear that it would have the power to terminate pending I-140s (even if based on LC substitution). If the cases are proper when filed, it does not seem that the regulation would extend to pending USCIS cases since the proposed regulation is a DOL, not a USCIS, regulation. If it were a USCIS regulation, then it could impact pending I-140 cases for which the labor certification is over 45 days old at the time of filing - not just LC substitution cases. Those cases with approved I-140s do not appear to be vulnerable to this proposed regulation.
How do you now that? Any sources?
If text of the proposed memo will be the same, then all pending I-140 based on LC substitution should be denied.
Cooool...people go ahead with LC Sub.
Q. I have a pending green card case based on a substituted labor. Do I need to worry about this proposed regulation?
�MurthyDotCom
A. It would not seem to affect pending green cards based on substituted labor, as long as the substitution was not being requested through the DOL. This regulation prohibits substitution through the DOL. So, if it were to go into effect, it is possible that it would end all pending requests for substitution of beneficiaries made to the DOL.
�MurthyDotCom
Most substitution requests are made via the USCIS at the I-140 petition filing stage. This involves labor certifications that have already been approved, and the substitution request is made in the filing of the I-140 petition at the USCIS. The regulation attacks this process by making labor certifications valid for only 45 days. Thus, all I-140s would have to be filed within 45 days of labor certification approval. Even if the regulation were to pass, however, it does not appear that it would have the power to terminate pending I-140s (even if based on LC substitution). If the cases are proper when filed, it does not seem that the regulation would extend to pending USCIS cases since the proposed regulation is a DOL, not a USCIS, regulation. If it were a USCIS regulation, then it could impact pending I-140 cases for which the labor certification is over 45 days old at the time of filing - not just LC substitution cases. Those cases with approved I-140s do not appear to be vulnerable to this proposed regulation.
How do you now that? Any sources?
If text of the proposed memo will be the same, then all pending I-140 based on LC substitution should be denied.
Rohan99
07-22 12:30 PM
Teddy ... I like your calculation and read all your posting on Calculation thread. This is a fun thread to relax. So don't take it seriously.
If I was bad person then I will try to derail the good thread.
Folks and friends some really nice knowledge sharing is happening here it�s a good discussion. The OP here is a completely fake person and is enjoying at our expense, he has nothing to do with legal immigration just getting pleasure here by instigating us.
If I was bad person then I will try to derail the good thread.
Folks and friends some really nice knowledge sharing is happening here it�s a good discussion. The OP here is a completely fake person and is enjoying at our expense, he has nothing to do with legal immigration just getting pleasure here by instigating us.
snathan
03-30 01:29 PM
I didn't know Lord Rama was part of BJP's manifesto this time.You are so stuck with 90's. MMS brought economic reforms in 90's so he's reforms guy even though he didn't bring any in his current term.
LK was Lord Rama guy in 90's so he is Lord Rama guy even now.Just check BJP manifesto this time.
Santhan and the like(s)...I'm just breaking it down here...
Like I said in my previous posts religion is played heavily by MMS govt (read as Sonia...I'm sure MMS is a nice person) 4000 Missionaries came to India in last 5 years.More 4000 may come if you give them chance.Now nothing wrong with it generally speaking (except that only christian missionaries were granted visas and Jewsih groups were denied visas) but something wrong if we go by your 'I'don't care if Sankaracharya is jailed,I don't care for lord Rama guys' attitude.
Now these missionaries are setting up miracle boxes ,so far in rural areas, where poor people that drop their wishes in the box see miracles happening.Only hitch is entire family has to convert to Christianity.Yeah abuse of poverty.But there is discrimination (hoping that when you speak of poor you speak of poor of all religions)even in miracles.Some how these missionaries don't dare to mess with Muslim poor.So Muslim poor are left alone. Neither your MMS wrapped State does anything to alleviate their poverty nor these missionaries shower their miracles on them.
BTW it's not poor and Sankaracharya alone there are also other religious(for now Hindu) leaders in their list(Satya Sai Baba, Mata Amritanandamayee, Shri Shri Ravi Shanker Maharaj and many more) Now what's common in them apart from being Hindu leaders they are also immensely into helping your favorite poor people (no conversions though,you don't want to believe me just check out Mata Amritanandamayee's social service camps not for just Hindus all over the world.)
Now if a doctor doesn't get patients how will he survive?
Same way how will missionaries conduct their business if the poor and needy are helped .It's assured State won't help these poor population.Those who are helping them should go to jails so their popularity gets a dent among the masses.(not that their service stops anyways) So you MMS wrapper is facilitating all this.
I know too much stuff but our biased/bought media won't highlight these facts.Remember how A.P High court held media for setting up a 'media trial' even before anything was proved in Sankaracharya case?(nothing was proved till date but since you don't care let's not go there)
So your favorite MMS govt was busy with such things so far.
I know ignorance is bliss but know that bliss will not last long.
So yo unever know this guys when they will change and what. I need food when I am hungry and need a place to place to sleep when I am tired. I dont care whether Rama has temple or not.
LK was Lord Rama guy in 90's so he is Lord Rama guy even now.Just check BJP manifesto this time.
Santhan and the like(s)...I'm just breaking it down here...
Like I said in my previous posts religion is played heavily by MMS govt (read as Sonia...I'm sure MMS is a nice person) 4000 Missionaries came to India in last 5 years.More 4000 may come if you give them chance.Now nothing wrong with it generally speaking (except that only christian missionaries were granted visas and Jewsih groups were denied visas) but something wrong if we go by your 'I'don't care if Sankaracharya is jailed,I don't care for lord Rama guys' attitude.
Now these missionaries are setting up miracle boxes ,so far in rural areas, where poor people that drop their wishes in the box see miracles happening.Only hitch is entire family has to convert to Christianity.Yeah abuse of poverty.But there is discrimination (hoping that when you speak of poor you speak of poor of all religions)even in miracles.Some how these missionaries don't dare to mess with Muslim poor.So Muslim poor are left alone. Neither your MMS wrapped State does anything to alleviate their poverty nor these missionaries shower their miracles on them.
BTW it's not poor and Sankaracharya alone there are also other religious(for now Hindu) leaders in their list(Satya Sai Baba, Mata Amritanandamayee, Shri Shri Ravi Shanker Maharaj and many more) Now what's common in them apart from being Hindu leaders they are also immensely into helping your favorite poor people (no conversions though,you don't want to believe me just check out Mata Amritanandamayee's social service camps not for just Hindus all over the world.)
Now if a doctor doesn't get patients how will he survive?
Same way how will missionaries conduct their business if the poor and needy are helped .It's assured State won't help these poor population.Those who are helping them should go to jails so their popularity gets a dent among the masses.(not that their service stops anyways) So you MMS wrapper is facilitating all this.
I know too much stuff but our biased/bought media won't highlight these facts.Remember how A.P High court held media for setting up a 'media trial' even before anything was proved in Sankaracharya case?(nothing was proved till date but since you don't care let's not go there)
So your favorite MMS govt was busy with such things so far.
I know ignorance is bliss but know that bliss will not last long.
So yo unever know this guys when they will change and what. I need food when I am hungry and need a place to place to sleep when I am tired. I dont care whether Rama has temple or not.
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