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  • ilwaiting
    03-17 10:33 AM
    The sooner LC substitution goes away the lesser we have to deal with such questions. And the sooner we would get our green cards.



    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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  • 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.





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  • Vishal2007
    05-02 01:12 AM
    I think judging Gandhiji in the context of Indian History is beyond my pay grade. I am sure about the fact that his ideology would remain relevant for much more time in human history.


    I like this (read as a good humor), his ideology would remain relevant for much more time in human history. you go by , Gandhi is father of our nation, I am thinking beyond that, he had power to influence British gov. to avoid death penalty for Bhagat Singh, he never used his power, because he was jealous of Bhagat





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  • Googler
    02-18 03:17 PM
    Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.

    This is great -- you won't consider facts and evidence, including the fact that judges themselves are recommending class action in similar cases! Forget about considering, you won't even read a post with a different pov... (makes me wonder why you bother with the forum if even reading a post is too much work.)

    My own attorney, as a matter of fact, thinks that a class action makes sense in this instance.

    As lazycis points out, his attorney didn't want him to even file an individual WOM, and it turned out his attorney was absolutely wrong. The mass of evidence in WOM cases and the current Mocanu decision shows that lazycis's attorney (and other let us not disturb/question the status quo attorneys) were wrong. I should remind people again that most of our attorneys are not litigators, they are paper filers -- this dichotomy is true in most other practice areas of the law (eg: antitrust) as well.

    The reason I care about this is -- if people/attorneys make up their minds without considering the facts/legal precedents, then they will not spot and/or work to figure out the legal arguments that will win the day -- the legal arguments eventually used in the WOM cases did not sprout out on day one, it was an iterative process.



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  • caydee
    01-15 09:44 PM
    The topic is USCIS's memo. Why are fellow IVans discussing H1 versus L1 versus outsourcing. For some reason, a few people here think that all issues are caused by either big Indian companies or small desi companies. Some believe that getting rid of the consulting business model will accelerate their PR application. Wonder what is being achieved from these "lively" debates other than feeding the other side with enough ammo to decimate all of us. I still believe that our focus is immigration reform. Macaca is right about "self inflicted wound".

    Hope folks here watch this masterpiece on Youtube and learn from wild buffaloes - YouTube - Battle at Kruger (http://www.youtube.com/watch?v=LU8DDYz68kM)

    Nature will never cease to amaze us.

    Peace!





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  • gc_lover
    06-28 12:45 PM
    "expecting retrogresson ....in first wk of July... " ??
    I thought logiclife already clarified that can not and will not happen!!

    Yes, he did clarify. But, when rumors like that make it to reputed attorney's website it will surely cause panic among people.



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  • hiralal
    06-17 01:50 PM
    what is surprising that one person ..dilipcr ..in this case ..is able to divert the attention of the members.
    in other words, maybe in future, one anti-immigrant can pose as dilip ..keep a senseless debate alive ..and divert attention.
    ---------- are we doing this because there are no visible big campaigns alive ? or does it mean that if we defeat Dilip in this debate then we will get our GC's (please note I am not following this thread ...though I was initially),.. Thanks





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  • onemoredesi
    06-21 07:39 PM
    Hey guys,

    I think this issue is being blown out of proportion. Its not that easy to get approved using labor substitution. Recently, I came across a pre approved labor but could not use it..just because the skills that are mentioned and what I work in do not match..

    Let us say if my pending labor is filed as a Programmer Analyst with experience in Java, J2EE, etc and the pre approved labor is a VB/ASP position then I cannot use it, even if I fake VB/ASP experience. This is because, my pending applicaiton will be pulled when my I140 is applied and the 2 applications do not match.. That itself will raise a red flag.

    People who are using labor substitution needs to be extremely lucky to have found a pre-approved labor in their field of work and with a PD which is current..

    My strong opinion is that Labor Substitution is not at all the reason for our problems..My Labor still unapproved is 2003 PD and I did my Master's here but my company did not file my application in eb2..I have been looking for a pre approved labor which is before 2003... came across two, but could not use either of them..

    Just my 2 cents!

    1MoreDesi



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  • doknek
    07-17 01:33 PM
    If PD moves to last quarter of 2007 within a year, then there would be no candidates (EB2), since all will still be stuck in PERM audits which will take 6-12 more months to clear + I-140 processing time.

    So, they move PD dates faster but freeze PERM apps. I am confused:confused: Any insights?





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  • reddy77
    09-23 02:10 PM
    Yes, mine was approved a month back without any hassles and bought the home ....

    Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.



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  • the_googly
    07-23 12:48 PM
    I posted this message on another thread and got slammed - :confused:. All the discussions here are just speculations.. no one really has access to real numbers.. so take it easy this time :p

    As we do not have any real numbers my predictions are based on EB2 numbers from (assuming the data to be a true random sample)

    Here are number of EB2-I I485 pending cases by year

    2007-100
    2006-150
    2005-125
    2004-200
    2003-50 (250 have been approved)

    USCIS has approved about 450 EB2-I cases last year. A conservative estimate of approval rate going forward would be 30 cases per month. Based on this the movement..
    2003 cases will be approved by Sep '08
    2004 cases by Apr '09
    2005 cases by Sep '09
    2006 cases by Dec '09

    Good Luck !!!





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  • patfanboston
    05-12 09:25 PM
    @venetian:

    I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.

    @jerrome:

    Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?

    There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?



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  • deba
    07-03 05:04 PM
    I am India EB2. Labor cleared 2 years back, I140 cleared more than 1.5 years back and I485 pending for more than a year. Have EAD and AP.
    Currently continuing under same employer with I797 valid till Dec/2008. I will complete 6 years of H1 in Dec.
    I would like to change to a new employer with a new H1.
    I believe I am eligible for a 3 year extension based on above conditions.
    My question: After I get a new H1 and invoke AC21, but supposing old employer withdraws I140, what happens to the new H1?
    Since it is to be issued for 3 years based on labor/I140 cleared etc., what will be the situation if the underlying I140 is withdrawn by original sponsoring employer?





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  • jthomas
    05-29 02:57 PM
    Folks, we all agree the news delivered is not good. One good way to work en mass is to send complaints in thousands to the Ombudsman. For more details google for CIS Ombudsman.

    Further, if any one is considering to get back home, keep in mind that if you don't contribute to SSA for 10 yrs, your and your employers' contributions are simply lost (with some exceptions for countries with which US has an agreement). To collect SSA at 65 for India/China citizens you need not to be a GC holder. You can collect living in your country. If you are close to 10 yrs, just reach that mark before you make any decisions.

    Do you have more info on how to collect SSA after completing 10 years of job in US. It would be helpful. please post the link.



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  • pointlesswait
    09-23 01:01 PM
    well said sayantan..

    This whole idea of linking GC to probable purchasing homes..is insane!
    it stops short of black mailing...


    The 700Bn or whatever the final number is not entirely a drain.....

    the thing with all these exotic securities is not that they are completely worthless but that there is no market for these right now and hence are illiquid - so if someone had the ability to keep these securities for a long term (say 30 years - since most mortgages are for 30 years) on their balance sheet - they may not lose as much money as they would if they tried to liquidate these investments in the short term.

    Financial Institutions typically borrow short term to invest in long term investments and keep renewing the short term borrowings - since the underlying investment has become illiquid - it has become difficult to raise financing against it. the govt, howver, can take a long term view and be patient....who knows.....in the end - the Govt may actually come out with positive cash flow at the end of all this mess. So, the bail-out plan may not be as bad an idea as media is portraying it to be.........in short-term - it does take US into further indebtedness.

    I already have a GC - so this debate does not impact me personally - but this is against the basic principals of natural justice.......GC applicants were placed into certain EB categories based on job descriptions and qualifications and then within queues assigned priority dates based on certain logic and are currently being approved based on PD and country quotas..........all these rules were known and published prior to companies and people applying for these GCs.....

    No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......

    keep the red dots coming folks!





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  • wandmaker
    07-22 02:16 PM
    See, we need to understand, life is a Lottery. No place for Logic. USCIS LOVES lottery...after diversity visa lottery, they are also doing LOTTERY for H1 now, and one day if they like the idea of doing LOTTERY, for EB cases, they might throw away this all mambo jambo of EB1,2,3/PD/RD/ROW/IN/CH...and JUST DO THE LOTTERY!! After this post, I will go buy a Californial Lotto...;)

    :D



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  • user1205
    02-12 02:54 PM
    Also keep in mind all the people with old PDs that filed 140 and 485 at the same time and are now stuck in the 140 mess. As soon as that starts clearing out there will be a lot more demand for GC. I'm afraid we'll have to wait for some more time before it moves forward.





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  • amitjoey
    07-03 05:47 PM
    http://jurist.law.pitt.edu/paperchase/2006/08/immigrants-file-lawsuit-against-us.php
    JURIST@law.pitt.edu





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  • MYGC2008
    09-14 03:50 PM
    Do we know the exact Approved EB2 Labors for INDIA. (Year 2005 means Oct 2004 to Sept 2005). because PERM is introdiced in mid 2005.This is Critical

    Also I have a question: Does Prevailing Wage Level determine the EB Category? (EB2 Prevailing Wage Type = Level II) If this assumption is correct then for 2006 (Oct 1 2005 to Sept 2006) there are 11000 approved EB2 INDIA Labors.





    another one
    07-13 08:27 AM
    The point of the thread is that many people now think that cost of american dream is greater than the opportunity, and the balance is tilting in favor of other countries. Everyone makes their own assessment. No point in getting personal about it. Just a suggestion..using phrases like "suck blood out your body" will just reduce the effect of your argument.

    And Do you (canadian wanna be) have any clue that to get respected salary and position you will be forced by illiterate Canadians to have "Professional Engineering Certificates"... It will suck blood out of your body for 5 years... So just do not read "Greener Side" of Canadian Immigration... I know it may not be applicable to all but more or less most of will have to face the same music in their careers. My all Canadian friends and relatives want to be Americans.. Only some of them practically could proceed for that.. After some stage of life it becomes hard to move families.. That is the reason they are facing now to take decision and simultaneously do not want to live in Canada anymore.. If you have 101 fever it will take 1 month to have Doctor's appointment... GST.. Higher taxes.. statistically there are chances "Most of members of this forum - Canadian Wanna Be" will have less promotions and/or increments in salary eventhough they will find themselves most skilled wherever they will work. Top posts would be the dream for most of you guys unless you start your own business.. if you understand what I am trying to tell... In USA it is not that way.... Having said this I can not say that everybody will experience the same what I am trying to portray but most fo them will.





    virtual55
    07-03 01:57 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.



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