Monday, July 4, 2011

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  • sbabunle
    04-29 12:31 PM
    That means---> Once the labor is approved you have to use it in 45 days.
    ie apply for 140 in 45 days or LC is expired...I'm glad they did not propose to file I485 in 45 days :D

    I think 45 days is too short. Since LC cannot replaced, it cannot be used for anyone else. So I dont understand why they need an expiry date too...At lease a LC should be valid for 6 months.

    But we have to wait and see what the final rule is. There may be some changes fromt he proposed rule.

    babu



    Can you anyone tell what the lines highlighted below in blue means ?

    ************************************************** ******

    RIN: 1205-AB42 Agenda Cycle: 200610

    Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity

    Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).

    ************************************************** *******
    i got the above info from the OMB website below -

    http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657





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  • soljabhai
    12-14 05:34 PM
    100$





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  • roseball
    06-28 06:35 PM
    My lawfirm just sent everyone an official memo stating the possibility of retrogression sometime in July and that they are working overtime to get all the cases filed at the earliest...They are saying that there is no guarantee that the 485 application will be accepted if DOS decides to retrogress dates in July....





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  • logiclife
    02-06 01:57 PM
    I dont think that you HAVE TO file I-140 within 60 days after labor is approved.

    --logiclife.



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  • PlainSpeak
    01-13 12:54 PM
    Do not overanalyze any bill- All these bills are mere drafts until they come on floor for debate, and even after that they go thru amendments, rewriting, and the final bill comes out in most cases to be very different from the original. Even after the bill is passed in both houses, the committees that are responsible in reconciling the bill will tweak it and fine tune it.
    This means that even good provisions can be deleted at any time during the debate, thru an amendment lobbied by the antis- if the EB Community is not vigilant.
    To give you an insight: In Dec 2005, there was a line item in a bill that would have recaptured visas for EB applicants, the bill was passed � and at the last minute this provision was deleted.


    IF you read through the provisions and the paper that IV created for lobby days in July 2010- Each one of the provisions and the underlying text that IV is asking for has been written with clear understanding of the issues EB applicants face- It is written in a way that if incorporated in any of the bills as an amendment- will give fair and balanced numbers to all categories -EB3, EB2.

    So, regardless of which bill (Immigrant friendly) comes on the floor- IV will lobby to have this package included as an amendment. Or IV will lobby to get this inserted into the main bill.

    So- Please, do not get worked up about EB3 vs EB2. OR India vs China vs World

    The real work is to be vigilant about what bill has the chance to come on the floor and then lobby to get the amendments included.

    There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act). And here the IV Community is debating and fighting about provisions about one of 100 bills that might never see a chance on the floor.

    The big battle is to advocate and lobby at grassroots to get a bill to come on the floor- persuade lawmakers to be cosponsors for a bill that will help us, and then when the bill is up for debate, we can talk about what we should include as amendments or insert in the main bill to make it fair for everybody.
    Mr amitjoey yours is the first sane reply to my comments till now. I like your style. And yes there is no sense sighting till the actual bill is tabled. What concerns me is the wil lof IV to do something right for a change. As i said in the inital post (which was long by the way, but sorry i am through in everything i do) the chances of the bill getting debated far less passing is so less it makes no sense to fight now. So all we have right now is dicsussions where me as concerned party in this matter have come up with an idea. Now an idea by definition is just that. begeneining. It might work out it might not work out but it has to be discussed through and that i all i was loking for, but unfortunalty some EB2 members on this forum got abusive and have now come to a level where they are lying about receiving nasty IM from me

    As to your statement
    There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act).
    I would humbly beg for some clarification because If not one immi friedly bill has come up for debate in the last 3 years what justification is there is the IV charter statement that we will fight for removal of country quota and recovery of unused visa. What chances are there that these 2 items wil be debated and be part of any immi friendly bill in the future

    I am not sure if you have gone out in public recently but this country has become a lot less immigrant friendly for various reasons beyound the scope of this forum but nevertheless a lot less immigrant friendly





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  • Openarms
    08-17 03:01 PM
    Common man is common man everywhere. Star worship is something that exists everywhere. be it sportsmen or movie stars - these people win hearts of people and thats what matters which is most important.

    Now you are blaming people for worshipping him. Thats how things are.

    Do you know how crazy soccer fans are in some countries?

    Thats how things are my friend.

    Like you said star worship is every where but how about slums in Bombay, Delhi, Hyderabad??? they are not every where???? how about un educated farmers that they do not know beyond their farms and villages... Common man be realistic with human touch....



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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.





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  • poorslumdog
    09-04 12:42 PM
    My condolence to them. But I beg to differ that people dying unnecessarily is not a good sign of development.

    Let their soul rest in peace.

    Edited: Ooops, I think misread your post.

    I really appreciate your support senthil. Guys please come forward and dont be shy about nay sayers...



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  • Macaca
    02-18 12:20 PM
    One consideration is that majority of Indians coming to US have a plan to leave within a certain time period or after a certain goal saving whatever amount...
    I had that kind of goal too...But after 5-6 years the considerations change....

    Also all arguments came out of UnitedNations unfortunately are already present and deep seated in a very large %age of our compatriots....That is the main reason behind the less mobilization......

    Also the situations are changing in homeland...The value of a green card had dropped in the eyes of a large number of people....This situation of people lining up for green cards would change in a few years...especially if the economic growth keeps the tempo it has....

    I don't know the context of the above explaination. It is no explanation for the following (I have truck loads of them) which is posted nearly once/day. Many such opinions may not be posted.

    Forget contributions - find other ways to survive......

    A lot of people, including me have lost faith in IV. They are not going to pay. We don't know what IV is working on and we don't believe it can do anything. The sooner IV accepts it, the better. I have seen this personally in talking to people and you can see the evidence with less than 300 people contributing. IV needs to produce results first.


    And today, some of our members, when they call us, block their caller ID. God knows what they are afraid of.





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  • polapragada
    10-16 12:29 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.


    Too good to believe..I hope it would go correct:D
    And one more PRO factor is that EB1 are under high scruitny so less EB1s so high spillovers than ever before..



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  • hatighora
    07-11 05:55 PM
    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.





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  • Humhongekamyab
    08-16 09:03 AM
    Wish we had US' work culture: Cop - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/Wish-we-had-US-work-culture-Cop/articleshow/4898121.cms)



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  • Rb_newsletter
    08-15 03:51 PM
    What did the officer do wrong if the name matched.
    Do you know there is a CNN reporter who is a white guy and his name matched with some name on the security check list and the guy was harassed multiple times on different airports within USA.
    If a known person in USA can get such treatment, SRK IS NOTHING.
    SRK Fans think the is someone special!

    Your argument sounds like "Yes we do harass our own people here. So there is nothing wrong in harassing other country people"





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  • EB-VoiceImmigration
    01-15 03:22 AM
    and yes my friend tinyhk12
    :d lmao



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  • kumar1305
    01-22 07:44 PM
    I'm sick of you guyz. How long would you fight among us. We fought among us and the rest ruled us for more than 1000 years. We are educated but of no use, still fighting for no reason. Looking at you I feel the older generation made no mistake(atleast they were not as educated as us). But is it? Can't we be united? What could unite us?





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  • gimme_GC2006
    09-04 02:28 PM
    gimme_GC2006,

    Completely agree with you. Also, notice that, this has became a trend in all states

    UP: Mayawati
    TN: M. Karunanidhi and Jaya Lalitha
    Bihar: Laloo; Started with this guy
    AP: YSR has taken corruption to new heights with factionism, gunda giri, land grabing( We see a IMV member directly affected)

    and many more...and who is encouraging all these..corrupt Congress leaders in the Central administration.

    You forgot to add CBN, TDP etc..they are not any less..all of them are basically chauvinists



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  • sanjay
    03-27 12:01 PM
    One idiot without giving him name in comments started abusing in Hindi language.
    Dude when you have guts to put comments then put your name in it. So that I know who has issues with my comments to thread.

    And just don't give red " just for the sake of giving it make you feel happy ".





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  • shensh
    02-15 11:33 AM
    No, the intention behind the 7% limit is to protect levels of European immigration and address racist fears of immigration from the 3rd world. This was also the intent behind the diversity lottery - notice the consternation that the diverisity lottery is primarily benefiting non-Europeans.
    What is the basis of your claim my friend? What is the "racist fears of immigration from the 3rd world"? Do you know that "traditional" European country such as UK is not even qualified for Diversity visa?

    Please do not spread fear based on your narrow understanding of the law. UN is right in pointing out that every law has and should have an equalizer.

    Please read this from US Dept of State:

    "Diversity visas are intended to provide an immigration opportunity for persons from countries other than the countries that send large numbers of immigrants to the U.S. The law states that no diversity visas shall be provided for natives of "high admission" countries. The law defines this to mean countries from which a total of 50,000 persons in the Family-Sponsored and Employment-Based visa categories immigrated to the United States during the period of the previous five years. Each year, the USCIS adds the family and employment immigrant admission figures for the previous five years in order to identify the countries whose natives will be ineligible for the annual diversity lottery."





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  • pappu
    07-02 10:43 PM
    IV release.:Please send it to other media offices and free press release distribution services
    http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html





    alisa
    02-13 02:04 PM
    Is the cumulative effect of all three measures good for me (reduced wait time, or no change in wait time), or bad for me (increased wait time.)?

    I read this, and I was referring to this:


    If you think a little extra time you need to spend in the queue is turning you so angry, what goes in the mind of a person who has to spend twice or thrice as much time in the same queue, for no fault of his/hers?


    So, does recapture and the increase in quota and the removal of the country limits, result in a greater wait time for me, as the comment above seems to imply. It would, if the recapture and the increase are not large enough to offset the effects of the removal of the per-country limit on ROW.

    Coz if it does, then I don't have an incentive to support your goals, do I?

    If you see the entire post, you will see that the agenda is

    1) Increasing GC numbers
    2) Recapturing numbers and instituting permanent Rollover mechanisms
    3) Eliminate country quotas

    Part 1 and 2 would help everyone from around the world. While 3 would benefit citizens of a few countries more than others, all it is saying is STOP discriminating in employment based green cards on basis of country of origin. You are not BORN with skills and neither does being born in country A make you more SKILLED than being born in country B.

    If you want to see 3 as being the reason to not participate, that you are implicitly condoning discrimination against people born in certain country even though you will benefit equally from 1 and 2.





    snathan
    01-14 10:59 AM
    I understand. But it's true. I have many friends and these body shoppers don't pay for their medical insurance and all of my friends have a tough time - even Kforce etc doesn't pay if you're a contractor directly hired by them. Infosys, TCS pays and provides all kinds of benefits for people on H1, I don't know what ppl are against companies that have good business practice.

    Deloitte, Accenture, IBM brings ppl from other countries on L1 - why balme Infosys, TCS.

    Check what they are paying. I know a company which charges $110-$130 ph to the client and payes around $30K for the employee in L1. Is it good business practice...? Not only desi consulting cos...these a$$ also the reason we are in this mess today. Just imagine when the antis comes to know that 30K pa salary....



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