Monday, August 8, 2011

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  • shreekhand
    08-15 01:40 PM
    Couldn't have agreed any more than this:

    Don't make a big deal of Shah Rukh's detention:One For The Road:Anand Soondas's blog-The Times Of India (http://blogs.timesofindia.indiatimes.com/onefortheroad/entry/don-t-make-a-big)





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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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  • perm2gc
    10-04 06:44 PM
    I just got to this site via from immigration portal.
    I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

    No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

    The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

    Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
    I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

    Following reforms are needed in Labor Substitution.

    - First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

    - When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

    - If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

    - There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

    In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

    neocor


    i am aware my threads on same scenario..do we need to discuss same thing again and again..please search the forum before opening new thread...





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  • 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.



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  • krishna.ahd
    02-18 08:38 PM
    When the cap is revised, I agree that 'the increase in net population' is one parameter in decision...
    But that should not be the determining dominant parameter....

    The dominant parameter should be the change in the US demographics and the needs of the US economy...Millions of baby boomers are gonna start retiring soon....The cap has to increase keeping that in mind....

    The projections of manpower deficit due to demographic shift are in millions......

    If you want to maintain the same standard of living, you have absolutely no option but to import more skilled labor....and lots of it.....


    America is barely producing babies at replacement levels and between 2011 to 2032 ...... 77 million baby boomers( people born between 1946 to 1964) would need to retire or phase out involvement in active labor force....
    http://www.teamncpa.org/main/news.php?ItemsID=165

    Doggone illegal mexicans would not take care of your high end requirements ... That is just fact of life...Now you tell me how much the EB cap should be .....


    .

    As per the facts first baby boomers will start collecting benefits in 2008 and by 2020 when most boomers are 60+ there will be 2.6 workers paying social security and medicare for every retiree versus 5 workers now

    Is there anybody looking at this angle for increasing GC cap/upper limit ??





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  • GCOffice
    09-28 10:51 PM
    Hi ,

    My husband is a GC holder. For some family reasons we would like to stay in INDIA for couple of years(or maximum time we can). I know we have to apply for a reentry permit. Is it a tough one to get and how early should we apply for it.

    Thanks in advance



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  • Kodi
    05-17 05:05 PM
    According to the latest news from Sri Lanka:

    1) All the Tamil civilians that were held hostage as human shields by the LTTE, have been rescued by the Sri Lankan army and have crossed over to safety.
    2) The LTTE have conceded defeat and said it is ready to surrender to a 3rd party.
    3)The whereabouts of Prabhakaran is not yet known but there is lots of rumors in the net saying that his body has been found and it is being investigated for DNA proof.
    4) The Sri Lankan army is still engaged in clearing out small pockets of LTTE that still remains.
    5) The whole island is celebrating with dancing in the streets, fire crackers and distributing Kiri-Bath (Milk Rice) which is cooked for very important occasions. And I wish I was there too !!!! :)

    So as you see it is all good!!!

    Same here. I wish I was there to join the celebrations.





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  • snathan
    01-13 08:13 PM
    My take is BODY SHOPPING is killed.
    H1Bs can work at direct employer or as an employee of direct vendor at off site.

    No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.

    Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..

    My take is Infy, TCS are the biggest theives. if you work with the client, you never know when the will show the door and promptly cancel the H1B. Ideally USCIS should target the big fish and their flithy L1



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  • deepakjain
    05-28 11:17 PM
    EB2 and EB3 will be in queue for sometime, fact being the latest fraud by Indian IT firms.

    Please read then post comments.

    I personally know 7 people who came to US in 2008 via Indian IT firm - designations [Sr Project managers or Program manager]....

    Applied for GC under EB1 and every one of them have a GC now....not to mention few MNC's based out in India have done the same...one of my friends who works for an US based consulting firm in Hyd is here in US on H1B [12 months] he has a GC.....EB1





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  • kuhelica2000
    02-12 08:21 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.

    No matter which side you are on, the quota system sucks. Period.

    1) Once you start receiving benefits out of being born in a particular country/ race/ sex/ religion, a notion of "entitlement" quickly builds up within you. This adversely affects your ability to perform, for you just don't have to work hard enough!
    2) If you are punished for being born in a particular country/ race/ sex/ religion, you have no incentive to perform, as you won't get what you deserve no matter how hard you work!

    How about this... during every Olympics, most number of Gold Medals are won by Americans. Now imagine a rule that prevents more than 7% of all Gold Medals going to people born in any one country. How does that sound?

    I will myself hate it if athletes from India (who haven't won anything in the Olympics till date) started winning gold medals simply because other countries cannot receive more than 7%!

    Of course, removing country caps will face opposition, but it should still happen, just because it is the right thing!



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  • chanduv23
    06-27 11:26 PM
    First, prove there is a god.

    Is there a birth certificate somewhere? Was it registered timely and does it have the First Name and Last Name for mother father and son?

    Maybe he can get 2 affidavits instead of birth certificate





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  • BECsufferer
    04-01 12:58 PM
    If Imran khan has come in to politics why not Azharuddin ?

    We can keep guessing but you know who is the right guy ,

    :D:D:D

    I remeber how brutal Imran used to be to Indian openers with his deadly in-swinger. Those were days of good cricket ... a classy cricket. Outside cricket Imran still commands respect for being honorable and honest person.

    On other hand our Azhar is one of those who will sell his own mother for money. A disgrace to cricket world. Comparing him to Imran is like comparing Lion in Jungle to a Hyenna ( no disrespect to reading Hyenna).

    Few years back bunch of cricketers originating from AP here in MI sponsored him and his wife to visit here. I was invited by come and shake hand and photograph with this bookie and his beautiful wife. Majority of people having self-respect politely rejected the invitation. Now I hear he is trying to become bookie in New Delhi. Good Luck!



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  • lalithkx
    07-15 06:04 PM
    Hi,

    I found that priority date field on my I-140 receipt is empty. Will this create any problem??
    I filed concurrently lasy july and MY PD will be current next month. I applied at NSC but got transferred to TSC.

    Thanks for the answers





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  • satishku_2000
    01-23 04:47 PM
    Hey

    I agree with you guys that he deservs much more stricter sentence.

    Some of the guys work against us because we are sound different and look different. So dont get into that mode ...



    These kind of small statements can become a big issue particularly in a public forum like this.

    Simple suggestion and peace , I dont mean to offend any one ...



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  • srikondoji
    07-03 09:50 PM
    Under the section "Why does it hurt?

    Lawyers who charged upwards of $2000 for filing will not refund the service fee, so candidates have to pay again when dates become current in future.

    The biggest loss is the trust, coz, next time people will not believe these mid month bulletins at all as they can come around anytime and revise the dates. So, applicants will always have to live in fear untill they receive the receipt.


    I am trying an outline for sending to media + lawmakers + ...

    The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.

    Introduction
    Retrogression in GC process.
    What happened

    USCIS announced at the time the forms were due.
    Applicants started filling forms 2-3 weeks before July 2.
    Applicants changed their schedules to submit forms.


    Advantages of EAD + AP
    Don't know all!

    Travel without visa -> saves Embassy overhead.
    Spouse can work.
    Can switch job.

    Why does it hurt

    Medical will not be valid after 1 year.
    Rejected June filers can not file.
    June filers did not file because they thought they will file in July.
    Fees more then doubling
    Name checking (which can take 1+ year) done in parallel with waiting for GC #.
    Load balancing for USCIS.
    USCIS which is supported 90% by application fee needs to care for applicants.
    Very little chance of legislative relief for a looong time.





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  • kumarc123
    07-23 01:38 PM
    According to my analysis based on recipted/pending I-485 they processed some 80-90K (estimated range) EB I-485 applications which 57/65% of 140k by April 2008.

    May month usage was very low, i feel June/July not to bump too much so another 20k cases. We should still have FB rollover from 07 (31K) + another 10k visa in the pool for Aug/Sept visa.

    I agree, I read all the posts and went through some figures myself, the indication is that dates for EB2 will move much faster that we had all anticipated in the past. I do somewhere agree with my friend vldrao that dates could retrogress for a small period of time (say 1 month), but eventually dates will become current soon.


    Thanks:)



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  • ramus
    06-28 05:56 PM
    So this is very clear example where dates were current for June but they just came up on June 5th and asked to reject all other worker application..

    Now why can't they do fsame or EB?

    Do you know if they even accepected application that they got before June 5th.








    That was 5th June as per Oh's website and Oh's website was quoting AILA's memo.





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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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  • eb3_nepa
    10-23 02:08 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





    abhijitp
    07-03 05:04 PM
    As far as past IV threads, here is one and I am sure Pappu knows it as he has posted lots of links there:
    http://immigrationvoice.org/forum/showthread.php?t=694&page=8

    A list of contacts for Public radio/TV such as NPR and PBS:
    http://www.npr.org/contact/

    Here is another... and this makes me think we should look for media contacts at other pro as well as anti-immigration websites.

    http://www.conservativeusa.org/megalink.htm

    Here is one more:
    http://www.webcom.com/~leavitt/medialist.html





    krish2005
    01-19 01:16 PM
    Yeah and I don't mind hiring your sister and mother too. After all I am EOE. You shut up and if you feel bad leave this profession. It's that simple. But don't be in state of denial. I just shown you the mirror. This reply pl don't read with humor.

    Friends,

    Lets try to stay calm and be together during these tougher times. Some might be in a better position than others which does not mean they will not be in similar state later on.

    There are knives hanging over our heads. Let us not forget that.

    Let peace and common sense prevail. Please note that antis might be watching the dogfight within IV.



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