dealsnet
09-04 04:30 PM
You quote YSR discussion from TOI.
Here I am pasting same YSR discussion from rediff.com
QUOTE:
by JGN on Sep 05, 2009 12:49 AM
The inherent racism of historic Hinduism is thus blatant. You were judged by the color of your skin, not the content of your character, skills or talents. The darker your skin, the lower your caste and rank in Hindu society. The whiter your skin, the higher your caste and rank. The Brahmins prided themselves on their white skin while despising the darker skinned untouchables who were often viewed and treated as sub-humans.
This explains why Hindu gurus are more than willing to travel to the West to convert rich white Europeans to Hinduism BUT never travel to black Africa to make converts. The truth is, they don’t want black people whose skin color is an indication of bad karma. As long as they can sucker rich white people into giving them money (“Money is evil. So give it all to me.”) why bother with darker skinned people?
This can be documented by the statements of many of the gurus who have reaped riches in the West. When one guru was asked on TV what he was doing to help the poor, he responded, “Let the Christians take care of them. I am here to help the rich.”
YSR is dengerous than SWINE FLUE...shame on YSR's Son.
Over 100 die after YSR's death..
India - NEWS - The Times of India (http://timesofindia.indiatimes.com/opinions/4970708.cms#top1)
See what posters in Times of India say
Raj,Uk,says:With all due respect to YSR but his followers are not leaving any stone unturned in capitalising his death it seems like a race to make him most popular leader. If the number of deaths due to shock to be considered as the measure of popularity then YSR becomes far more famous then Mahatma Gandhi, Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi et al. This is a wrong precedence we are setting by publishing the unconfirmed news, just think what will happen post mayawati/lalu and other so called popular leaders.
Ek,BLR,says:60 people dying is a joke..bigger joke is people dying of cardiac arrest...I have never heard of anyone having a cardiac arrest at their mother, father,wife or for that matter their Child's death.......These people attribute any death happening on these days to YSR's death..I am not denying there are some fools who are capable of committing suicides though!!!
Here I am pasting same YSR discussion from rediff.com
QUOTE:
by JGN on Sep 05, 2009 12:49 AM
The inherent racism of historic Hinduism is thus blatant. You were judged by the color of your skin, not the content of your character, skills or talents. The darker your skin, the lower your caste and rank in Hindu society. The whiter your skin, the higher your caste and rank. The Brahmins prided themselves on their white skin while despising the darker skinned untouchables who were often viewed and treated as sub-humans.
This explains why Hindu gurus are more than willing to travel to the West to convert rich white Europeans to Hinduism BUT never travel to black Africa to make converts. The truth is, they don’t want black people whose skin color is an indication of bad karma. As long as they can sucker rich white people into giving them money (“Money is evil. So give it all to me.”) why bother with darker skinned people?
This can be documented by the statements of many of the gurus who have reaped riches in the West. When one guru was asked on TV what he was doing to help the poor, he responded, “Let the Christians take care of them. I am here to help the rich.”
YSR is dengerous than SWINE FLUE...shame on YSR's Son.
Over 100 die after YSR's death..
India - NEWS - The Times of India (http://timesofindia.indiatimes.com/opinions/4970708.cms#top1)
See what posters in Times of India say
Raj,Uk,says:With all due respect to YSR but his followers are not leaving any stone unturned in capitalising his death it seems like a race to make him most popular leader. If the number of deaths due to shock to be considered as the measure of popularity then YSR becomes far more famous then Mahatma Gandhi, Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi et al. This is a wrong precedence we are setting by publishing the unconfirmed news, just think what will happen post mayawati/lalu and other so called popular leaders.
Ek,BLR,says:60 people dying is a joke..bigger joke is people dying of cardiac arrest...I have never heard of anyone having a cardiac arrest at their mother, father,wife or for that matter their Child's death.......These people attribute any death happening on these days to YSR's death..I am not denying there are some fools who are capable of committing suicides though!!!
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HereIComeGC
02-15 12:43 PM
"CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about"
Freedom without violence?? Man on the Moon?
Sounds familiar?
You would have said few months back "GC without FBI Namechecks? You have no idea what you are talking about"
You can't win if you don't even try. Simple as that. At the minimum, lawsuit will highlight all the issues in the broken process and get some serious media action.
I myself wanted to have my greencard NOW!!!
Unfortunately, I have to wait until there is a visa available.
Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.
Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.
Their hands are tied.
USCIS cannot do anything because they are just following the law.
Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.
I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.
CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.
Freedom without violence?? Man on the Moon?
Sounds familiar?
You would have said few months back "GC without FBI Namechecks? You have no idea what you are talking about"
You can't win if you don't even try. Simple as that. At the minimum, lawsuit will highlight all the issues in the broken process and get some serious media action.
I myself wanted to have my greencard NOW!!!
Unfortunately, I have to wait until there is a visa available.
Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.
Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.
Their hands are tied.
USCIS cannot do anything because they are just following the law.
Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.
I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.
CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.
leoindiano
08-15 08:17 AM
for 2 hours, Sharukh Khan may have felt like common man. WOW.
Yes, it does look stupid, every guy with name KHAN looks like terrorist for homeland security officers.
Other officers recognized him within 15 minutes, This particuler officer did not listed to them. Yes, there are some officers who think they are "Sharukh Khan"s of US immigration system.
I agree, they have every right to question him, not for 2 hours though...
Looks like this is going to help his upcoming movie with publicity.
Yes, it does look stupid, every guy with name KHAN looks like terrorist for homeland security officers.
Other officers recognized him within 15 minutes, This particuler officer did not listed to them. Yes, there are some officers who think they are "Sharukh Khan"s of US immigration system.
I agree, they have every right to question him, not for 2 hours though...
Looks like this is going to help his upcoming movie with publicity.
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at0474
12-14 03:55 PM
Good summary but let me also add the observation that eliminating the per country quota alone will not bring the desired benefit unless the following are also implemneted
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
--Improve processing time to consume full quota allotted per fiscal year. If the cases are processed at snail pace, increasing quota to half a million visa doesn't mean squat to anybody. It will fall into another cycle of "waste visas & recapture visas"
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
--Improve processing time to consume full quota allotted per fiscal year. If the cases are processed at snail pace, increasing quota to half a million visa doesn't mean squat to anybody. It will fall into another cycle of "waste visas & recapture visas"
more...
u.misc
01-25 02:39 PM
If the law is followed in the enforcement then that is fine. Integrity of H1b program will be maintained. If arbitary and against the law then that should not be followed.
SNRAM, Probably you are the person who thinks he is a superman because some company hired on directly on H1-B and probably you are doing the same monotonous job for a very long period of time ... You are itching to shift gears get to do something better than what you are doing now... Unfortunately for you, no one is willing to hire you ... Then you just decided to come here on the forum and get the load of your chest by writing something that you think would irritate people.
The consultants that you are taking about are not only sharp experienced people but are making at least 2-3 time the money you make working from the little cube where you are typing the BS ...Go get a life MF.
SNRAM, Probably you are the person who thinks he is a superman because some company hired on directly on H1-B and probably you are doing the same monotonous job for a very long period of time ... You are itching to shift gears get to do something better than what you are doing now... Unfortunately for you, no one is willing to hire you ... Then you just decided to come here on the forum and get the load of your chest by writing something that you think would irritate people.
The consultants that you are taking about are not only sharp experienced people but are making at least 2-3 time the money you make working from the little cube where you are typing the BS ...Go get a life MF.
pappu
02-14 10:09 PM
longg and msp1976, Could you update your profile with contact information. IV can use your skills.
more...
GCHope2011
01-14 02:49 PM
My friend gcdream 2001 please read through the whole article and understand that there is some action which needs to take place before i even open my mouth about any ideas.
BTW the negentive count is now 3500.
Sorry lady - enough of your billowing hot air - you have wasted enough people's time (including mine). If you have anything worth sharing you are free to do so - but I am not holding my breath for it.
And of course, you can continue to be in your delusional world. You certainly have not demonstrated any credibility to be asking people to meet any "conditions" whatsoever.
BTW the negentive count is now 3500.
Sorry lady - enough of your billowing hot air - you have wasted enough people's time (including mine). If you have anything worth sharing you are free to do so - but I am not holding my breath for it.
And of course, you can continue to be in your delusional world. You certainly have not demonstrated any credibility to be asking people to meet any "conditions" whatsoever.
2010 Casey Anthony trial begins
chanduv23
08-17 03:21 PM
This should not be a silly topic and won't be...I want to take this opportunity to bring the bigger issue here... things happen for a reason... we all need to understand that we have to make a positive out of this issue... Atleast all educated folks like us should be able to channel our wisdom to those folks who feels that they are above all... That kind of mentality should need to change in INDIA for people like SRK and politicians and lot of business tycoons.... I believe this incident is very good opportunity, one more time, once again for all those conscious folks who live here US and INDIA to make things better for life.
"snathan" do not disappoint when people disagree with you... I 100% concur with your thought process...
"chanduv23"
I like the way that you put things in a perspective called your own prism. I do agree lot of things that you say but you seem lack of very basic fundamental human touch...
World is a BEAUTIFUL PLACE... Mother EARTH is an awesome place to live... do not fall into a trap those who morons used and twisted great peoples words and made this place worse for political gains/reasons. Please do not twist/turn the great one and only Einstein words and his context is different.
My point here is "Respect should be given by that acts that you do in life...should not be given just by demand"
All I am saying is that "IN INDIA WE GOT SOOOOOOO MANY PROBLEMS TO SOLVE" why SRK cribbing about this incident... and innocent/ignorant and un educated folks going crazy over there.... instead he can do lot of better things in INDIA so that he can be recognized all over the world and given respect.
EDUCATION, EDUCATION AND EDUCATION is the only solution for all the problems in the world.
Well - world is definitely a beautiful place. World is beautiful because of beautiful good people. Like there is a saying "How is house different from a home? House maybe be beatiful and big but it is a home ONLY if it is a happy place to live" and making the world our home lies in how we make sure that it is a happy place to live.
While your approach towards solving the problems is "education" in my opinion education does help, but that is NOT the only factor. Change happens gradually. Don't we all agree that the most educated people might be the biggest "problem creators"
WRT snathan - he is a personal friend and I know him. He is sympathetic towards poor and downtrodden and wants to fight against injustice etc.....
To snathan - to understand things in a better perspective, I recommend that you try this. Invite 30 hungry, poor, starving people to your house and provide them with food, education, good life and ask them to seek opportunities to better themselves. You may face the following
(1) People may get more demanding
(2) They may fight among themselves
(3) Some might steal from you
(4) Some might get into unethical activities
(5) Some might disrespect you and step over you
(6) They may show more respect to those who did not care for them and curse you for some silly reason.
You might find some good people who really do what you intend them to do.
Why I say this is - there is no GOOD POOR MAN nor BAD RICH MAN - different people behave different in different circumstances.
Did you know that India's independence struggle, American civil liberty struggle were all funded by rich businessmen - they trusted the leaders and gave a lot of money for campaigns for them to be successful.
"snathan" do not disappoint when people disagree with you... I 100% concur with your thought process...
"chanduv23"
I like the way that you put things in a perspective called your own prism. I do agree lot of things that you say but you seem lack of very basic fundamental human touch...
World is a BEAUTIFUL PLACE... Mother EARTH is an awesome place to live... do not fall into a trap those who morons used and twisted great peoples words and made this place worse for political gains/reasons. Please do not twist/turn the great one and only Einstein words and his context is different.
My point here is "Respect should be given by that acts that you do in life...should not be given just by demand"
All I am saying is that "IN INDIA WE GOT SOOOOOOO MANY PROBLEMS TO SOLVE" why SRK cribbing about this incident... and innocent/ignorant and un educated folks going crazy over there.... instead he can do lot of better things in INDIA so that he can be recognized all over the world and given respect.
EDUCATION, EDUCATION AND EDUCATION is the only solution for all the problems in the world.
Well - world is definitely a beautiful place. World is beautiful because of beautiful good people. Like there is a saying "How is house different from a home? House maybe be beatiful and big but it is a home ONLY if it is a happy place to live" and making the world our home lies in how we make sure that it is a happy place to live.
While your approach towards solving the problems is "education" in my opinion education does help, but that is NOT the only factor. Change happens gradually. Don't we all agree that the most educated people might be the biggest "problem creators"
WRT snathan - he is a personal friend and I know him. He is sympathetic towards poor and downtrodden and wants to fight against injustice etc.....
To snathan - to understand things in a better perspective, I recommend that you try this. Invite 30 hungry, poor, starving people to your house and provide them with food, education, good life and ask them to seek opportunities to better themselves. You may face the following
(1) People may get more demanding
(2) They may fight among themselves
(3) Some might steal from you
(4) Some might get into unethical activities
(5) Some might disrespect you and step over you
(6) They may show more respect to those who did not care for them and curse you for some silly reason.
You might find some good people who really do what you intend them to do.
Why I say this is - there is no GOOD POOR MAN nor BAD RICH MAN - different people behave different in different circumstances.
Did you know that India's independence struggle, American civil liberty struggle were all funded by rich businessmen - they trusted the leaders and gave a lot of money for campaigns for them to be successful.
more...
rock
05-25 12:41 PM
Did you send your web fax today?
Please do
Thank you
Have you got the Canadina PR? If yes, how much time it took for you get the canadian PR? I believe we need to write the english test also to apply for Canadian PR.
Please do
Thank you
Have you got the Canadina PR? If yes, how much time it took for you get the canadian PR? I believe we need to write the english test also to apply for Canadian PR.
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Jerrome
09-24 05:40 PM
Scenario 1:
Assumptions on Visa Usage by EB1 + EB2 ROW
1) About the Volume of EB1+ ROW for this year
(Pending + 2010) Total GC Spill over
EB1 ALL 4050 + 4050 8100 21995
EB2 ROW 7871 + 7871 15742 10492 (Total of 32487)
2) This data is as of August 25 2009, So in the months of September and October approval for India and China assume overall 3000+2000 = 5000
3) I have not considered EB4+EB5 spill over because that would be a bonus and would result in 2-3 months variation.
4) Spill over is 50% between China and India
China would get (16223 spill over + 2387 regular), so china would become current
India would get (16223 spilover+2387 regular), so India would move to March 06
5) Let us say 3000 are un-approvable so they will move to June 06
Scenario 2:
If the volume of EB1+ROW for this year is 50% of pending then it would result of additional 6000 visas, India would move additional 6 months to December 2006.
Scenario 3:
If the volume of EB1+ROW for this year is 25% of pending then it would result of additional 9000 visas, India would move additional 6 months to May 2007.
I don�t think in any case they won�t move beyond May 2007 for EB2 India as they would not want to add more cases to the Backlog.
In my gut feel I think Scenario 1 has 60% possibility, 2 has 30% possibility and 3 has 10% possibility/
Assumptions on Visa Usage by EB1 + EB2 ROW
1) About the Volume of EB1+ ROW for this year
(Pending + 2010) Total GC Spill over
EB1 ALL 4050 + 4050 8100 21995
EB2 ROW 7871 + 7871 15742 10492 (Total of 32487)
2) This data is as of August 25 2009, So in the months of September and October approval for India and China assume overall 3000+2000 = 5000
3) I have not considered EB4+EB5 spill over because that would be a bonus and would result in 2-3 months variation.
4) Spill over is 50% between China and India
China would get (16223 spill over + 2387 regular), so china would become current
India would get (16223 spilover+2387 regular), so India would move to March 06
5) Let us say 3000 are un-approvable so they will move to June 06
Scenario 2:
If the volume of EB1+ROW for this year is 50% of pending then it would result of additional 6000 visas, India would move additional 6 months to December 2006.
Scenario 3:
If the volume of EB1+ROW for this year is 25% of pending then it would result of additional 9000 visas, India would move additional 6 months to May 2007.
I don�t think in any case they won�t move beyond May 2007 for EB2 India as they would not want to add more cases to the Backlog.
In my gut feel I think Scenario 1 has 60% possibility, 2 has 30% possibility and 3 has 10% possibility/
more...
gcfriend65
06-26 12:34 PM
The Visa cut-off dates are issued by the Department of State.
Right now, the message shows:
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
Can you confirm the source of your information, that the August Bulletin will be showing retrogressed dates.
Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.
That's what your lawyer said. Right?
Right now, the message shows:
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
Can you confirm the source of your information, that the August Bulletin will be showing retrogressed dates.
Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.
That's what your lawyer said. Right?
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apnair2002
04-29 09:23 AM
04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
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qualified_trash
10-24 10:24 AM
Ok got it thanks Amoljak
So then that is the only way one can SELL you an approved LC?
there are also genuine cases where a big company will use the labor approved to try and retain another employ. say they file for LC for employee A. it gets approved but A decides to quit. they can then reuse it for an existing employee who is important to them and employee B then essentially gets to the I140 stage.
So then that is the only way one can SELL you an approved LC?
there are also genuine cases where a big company will use the labor approved to try and retain another employ. say they file for LC for employee A. it gets approved but A decides to quit. they can then reuse it for an existing employee who is important to them and employee B then essentially gets to the I140 stage.
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eb3_nepa
06-26 01:29 PM
Logiclife,
All I am saying is, the DOS or USCIS can be unpredictible at times. I know TECHNICALLY there is NO way the July bulletin can retrogress IN JULY. However I would NOT be surprised if that happens. Coz this suddenly creates a FLOOD of Ead applications and AP applications not to mention Finger printing.
All I am saying is, the DOS or USCIS can be unpredictible at times. I know TECHNICALLY there is NO way the July bulletin can retrogress IN JULY. However I would NOT be surprised if that happens. Coz this suddenly creates a FLOOD of Ead applications and AP applications not to mention Finger printing.
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gman
08-03 09:21 PM
I am EB3-ROW with PD of Feb 2006. My I-140 (filed as systems analyst) is approved and I filed my I4285 in Aug 16, 2007 (RD). I have approved EAD and AP good until Nov 21, 2008. I have been offered a job as Director of Software Development at another company in the same state. Because my I-485 has been pending for over 180 days I'm assuming I should be able to take the job under AC21. The new job seems a natural progression to my career (a promotion of course) but the USCIS has not issued definite guidelines on how to define a "similar" job. What's your advice on this? Should I take the job?
Thanks,
Thanks,
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TeddyKoochu
09-17 03:23 PM
I wish the statement is true.
I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.
Arun thanks for sharing the news & congrats to your cousins friend, may well be one of the cases of successfully porting PD.
I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.
Arun thanks for sharing the news & congrats to your cousins friend, may well be one of the cases of successfully porting PD.
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minimalist
05-12 09:55 AM
You can paint it with any emotion but it still is the fact.
It is no diferent from the wat India dealt with extremism in Punjab.Until KPSGill stepped in,it kept raging. It is same as the way India trying to deal with Kashmir.
I am a non-immigrant in USA,sure. If I try to demand and bear arms to get a separate country here,definitely my life will be in danger.Should I expect India to come to my rescue?
Being a NRI in US, your conclusion is it is a SL issue, not a India issue. This is because you enjoy freedom, safety and opportunity in USA, even though you are just a non-immigrant in USA. Hope it will continue. If your job, safety, security, life becomes danger here, then do not get help from India or Indian consulate in USA; because it is a "US issue" as per your logic.
It is no diferent from the wat India dealt with extremism in Punjab.Until KPSGill stepped in,it kept raging. It is same as the way India trying to deal with Kashmir.
I am a non-immigrant in USA,sure. If I try to demand and bear arms to get a separate country here,definitely my life will be in danger.Should I expect India to come to my rescue?
Being a NRI in US, your conclusion is it is a SL issue, not a India issue. This is because you enjoy freedom, safety and opportunity in USA, even though you are just a non-immigrant in USA. Hope it will continue. If your job, safety, security, life becomes danger here, then do not get help from India or Indian consulate in USA; because it is a "US issue" as per your logic.
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waitingnwaiting
01-14 03:37 PM
Plainspeak Show your PLAN and what you would do to get it done.
Everything else is BS
Everything else is BS
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dilipcr
06-16 02:24 PM
There's two themes in this thread that are interesting.
1. A couple of members advanced the argument that retrogression is good since it weeds out the supposedly undeserving. Here's a startling quote:
2. The question of luck.
I would like to share our story, because it touches on both these themes: I have two US graduate degrees; so does my wife. We've paid over 100K in federal income taxes in each of the past several years and I'm now a partner at my firm; the idea that folks are stuck in retrogression because they are undereducated low-cost workers is not realistic. And there are many cases similar to ours (some of which I read about on IV). We are stuck in retrogression because we have no answer to the country-quota bottleneck.
So, sure, retreogression may provide perverse pleasure to a select few greencard holders, but the inconvenience that retrogression causes most of us does not serve a greater Darwinian good.
What of luck? While luck has put us in retrogression, it has favored us in many ways --- we have a great family, a lovely home, and a bunch of good friends. I am sure all of us have seen similar plus sides of luck. But luck is stubborn when it comes to the greencard: when the window opened up last year, many folks with PD 2006 were approved, while many like us with older PD were left waiting. Luck is a strange animal -- it lets you see the map of the world in your handheld, but won't let you travel freely because of retrogression.
There's this story about luck and how one can get around it in some cases. It is not very relevant here, but here's the story: A wise man came to a village and observed a family living in great poverty. All the family had was a cow and a sack of grain. They would work very hard, but their net worth never rose beyond the "cow + sack of grain" level. The wise man, being wise, figured out what's going on. He asked the family to give away the cow and have a party with whatever grain they had. The family initially thought this advice was daft, but eventually complied out of respect for the wise man. The night after they had squandered everything, Brahma could be seen quietly bringing the family another cow and a sack of grain. What the wise man had figured out was that this level of net worth was preordained for that family -- whether they work hard or party. Not a great story to tell your kids to teach them about hard work; but provides an alternate perspective when you're stuck in line.
To be honest, you are the kind of people, with the right attitude and qualifications, who deserve the GC and should not be subject to these mindless wait times. I am truly sorry for you. Hope the best for you
1. A couple of members advanced the argument that retrogression is good since it weeds out the supposedly undeserving. Here's a startling quote:
2. The question of luck.
I would like to share our story, because it touches on both these themes: I have two US graduate degrees; so does my wife. We've paid over 100K in federal income taxes in each of the past several years and I'm now a partner at my firm; the idea that folks are stuck in retrogression because they are undereducated low-cost workers is not realistic. And there are many cases similar to ours (some of which I read about on IV). We are stuck in retrogression because we have no answer to the country-quota bottleneck.
So, sure, retreogression may provide perverse pleasure to a select few greencard holders, but the inconvenience that retrogression causes most of us does not serve a greater Darwinian good.
What of luck? While luck has put us in retrogression, it has favored us in many ways --- we have a great family, a lovely home, and a bunch of good friends. I am sure all of us have seen similar plus sides of luck. But luck is stubborn when it comes to the greencard: when the window opened up last year, many folks with PD 2006 were approved, while many like us with older PD were left waiting. Luck is a strange animal -- it lets you see the map of the world in your handheld, but won't let you travel freely because of retrogression.
There's this story about luck and how one can get around it in some cases. It is not very relevant here, but here's the story: A wise man came to a village and observed a family living in great poverty. All the family had was a cow and a sack of grain. They would work very hard, but their net worth never rose beyond the "cow + sack of grain" level. The wise man, being wise, figured out what's going on. He asked the family to give away the cow and have a party with whatever grain they had. The family initially thought this advice was daft, but eventually complied out of respect for the wise man. The night after they had squandered everything, Brahma could be seen quietly bringing the family another cow and a sack of grain. What the wise man had figured out was that this level of net worth was preordained for that family -- whether they work hard or party. Not a great story to tell your kids to teach them about hard work; but provides an alternate perspective when you're stuck in line.
To be honest, you are the kind of people, with the right attitude and qualifications, who deserve the GC and should not be subject to these mindless wait times. I am truly sorry for you. Hope the best for you
Michael chertoff
01-13 01:00 PM
If wishes were wings, pigs would fly
thank you for your kind words. but why are you looking for PIG. are you not happy with your DOG. still we can be friends.
Thanks
MC
thank you for your kind words. but why are you looking for PIG. are you not happy with your DOG. still we can be friends.
Thanks
MC
eastindia
07-30 03:32 PM
After reading so many cold calling failures, I am yet to see a "success story" of this methodology.
If nobody got "converted" after being approached by a total stranger in a public place, why does BWW/Quixstar/Amway continue to do it.
Perhaps we should ask Q/Teddy to collect this data, analyze it and prove to them the futility of it all. Maybe then they will stop and everybody can shop/work/study in peace. :D
Lot of Amway guys are hiding among us.
There are lot of Amway guys on this thread making fun of Amway because they fear being ridiculed. But in their real lives they are actually doing Amway business and catching other desis in Walmarts.
This explains why I got so many reds and bad comments after starting this thread.
If nobody got "converted" after being approached by a total stranger in a public place, why does BWW/Quixstar/Amway continue to do it.
Perhaps we should ask Q/Teddy to collect this data, analyze it and prove to them the futility of it all. Maybe then they will stop and everybody can shop/work/study in peace. :D
Lot of Amway guys are hiding among us.
There are lot of Amway guys on this thread making fun of Amway because they fear being ridiculed. But in their real lives they are actually doing Amway business and catching other desis in Walmarts.
This explains why I got so many reds and bad comments after starting this thread.
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