sodh
11-10 01:55 AM
Just my thoughts its okay for companies to use preapproved labor of the enployees who are no more with them ,but what about employees who have worked with them for many years and when the time comes to file the employees I-140, either the the employee is layed off, or they file I-140 application with important documents missing resulting in RFE, no way of knowing whether your experience letters, your evaluation certificate with the evaluators credentials were ever submitted.(Ganda hai per dhanda hai ye).
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nixstor
07-03 06:34 PM
Wish the Senators a Happy Independence Day in the mail ....
Lets go guys its time to fill up those emails and fax machines .....
Please try to understand who is a senator and who is a representative. While that might not make any difference to us, it is of great importance if some one happens to get on our forums. Rep Zoe Lofgren. Not Senator Lofgren
Lets go guys its time to fill up those emails and fax machines .....
Please try to understand who is a senator and who is a representative. While that might not make any difference to us, it is of great importance if some one happens to get on our forums. Rep Zoe Lofgren. Not Senator Lofgren
lazycis
02-14 01:01 PM
You may consider it as shameless plug :D, but I want to put this reference as the prove that the lawsuit does work when you deal with the USCIS
http://boards.immigrationportal.com/showpost.php?p=1862057&postcount=15637
http://boards.immigrationportal.com/showpost.php?p=1862057&postcount=15637
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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.
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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abhijitp
07-04 02:04 AM
Surprisingly, no mention there.
BTW here is their "general info" email address
info@competeamerica.org
BTW here is their "general info" email address
info@competeamerica.org
newbee7
07-03 07:02 PM
http://www.cnn.com/exchange/ireports/topics/forms/breaking.news.html
I provided the link to Sen. Lofgren's website
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
and to Siskind blog calling this a scandal.
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html
Please do the same. Too many request will get us noticed and can result in a larger story.
I provided the link to Sen. Lofgren's website
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
and to Siskind blog calling this a scandal.
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html
Please do the same. Too many request will get us noticed and can result in a larger story.
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ramus
07-03 09:35 PM
This is strickly media drive thread.. please only post related to media drive..
Thanks..
We should ask Congress to postpone the July 30th fee increase while it studies how USCIS can function year round with the same efficiency that it showed in the last two weeks of June.
Thanks..
We should ask Congress to postpone the July 30th fee increase while it studies how USCIS can function year round with the same efficiency that it showed in the last two weeks of June.
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poorslumdog
09-04 12:51 PM
You moron coming from the slum region or any other place in Bihar.
You don't know about keralites.
100% Literacy.
Living standard is same like Europe. (no other state have the facilities such as health care and standard of living like Kerala).
It is God's own country.
Visit and see the details.
Even the guys working in Gulf countries knows better than you and making much more than you. Go and see their houses.(multi storied), You are still in an appartment.
Do you ????
Mr.Nair tell me is it Gulf or Gelf. Do you still wear lunky in office or smoke peedi...enda peedi malabar pedi, enda CM EK nayar...he he :D
If its GOD own country...what are you doing there. Are you renting it mr.Nair
by the way how is omana kutty.
You don't know about keralites.
100% Literacy.
Living standard is same like Europe. (no other state have the facilities such as health care and standard of living like Kerala).
It is God's own country.
Visit and see the details.
Even the guys working in Gulf countries knows better than you and making much more than you. Go and see their houses.(multi storied), You are still in an appartment.
Do you ????
Mr.Nair tell me is it Gulf or Gelf. Do you still wear lunky in office or smoke peedi...enda peedi malabar pedi, enda CM EK nayar...he he :D
If its GOD own country...what are you doing there. Are you renting it mr.Nair
by the way how is omana kutty.
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cableman
05-10 06:27 PM
Does anyone have a comment on this ?
I got this from: http://www.cic.gc.ca/english/pub/imm-law.html#act12
Permanent residents
Persons who have been admitted to Canada as permanent residents have the right to come to the country and remain here, provided they have not lost that status or it has not been established that they have engaged in activities, such as criminal acts, that would otherwise subject them to removal.
Conditions may be imposed for a certain period on some permanent residents, such as entrepreneurs. A permanent resident must live in Canada for at least 730 days (two years) within a five-year period. In some situations, time spent outside Canada may count. All permanent residents must comply with this residency requirement or risk losing their status.
According to the website, you will lose your status if you go to Canada in the 5th year because you won't be able to attain the requirement of living in Canada for at least 730 days (two years) within a five-year period. Actually, after you pass your 3rd year, you will be in risk for the permanent status.
I got this from: http://www.cic.gc.ca/english/pub/imm-law.html#act12
Permanent residents
Persons who have been admitted to Canada as permanent residents have the right to come to the country and remain here, provided they have not lost that status or it has not been established that they have engaged in activities, such as criminal acts, that would otherwise subject them to removal.
Conditions may be imposed for a certain period on some permanent residents, such as entrepreneurs. A permanent resident must live in Canada for at least 730 days (two years) within a five-year period. In some situations, time spent outside Canada may count. All permanent residents must comply with this residency requirement or risk losing their status.
According to the website, you will lose your status if you go to Canada in the 5th year because you won't be able to attain the requirement of living in Canada for at least 730 days (two years) within a five-year period. Actually, after you pass your 3rd year, you will be in risk for the permanent status.
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jonty_11
06-28 05:49 PM
the cycle for visa exhaustion has to happen before USCIS triggers action....its just not how many applications showed up on their door...and one(including me) should not feel toooo bad if we are not able to submit application becasue the visa numbers were exhausted. More painful will be if it is only based on applications received and mine went in a little later than others. lot of hard works has gone into prepraing this application. I would hire my attorney to put a suit against himself...
As i understand it...number of applications received by USCIS on july 2nd does not in any way affect the acceptance of application on july 22nd......do you see it as i see it
Does someone know what date in June they started turning back EB3-Other WOrkers?
As i understand it...number of applications received by USCIS on july 2nd does not in any way affect the acceptance of application on july 22nd......do you see it as i see it
Does someone know what date in June they started turning back EB3-Other WOrkers?
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dilipcr
06-11 08:50 PM
Makes sense now. Peace.
Now to prove my point that we had all of today's similar issues then. Here is my after GC post.
http://forums.immigration.com/showthread.php?t=84252
I hope you people wouldn't simply jump to a conclusion that I was lucky. I went through all the travails of layoffs, GC backlogs etc.
Peace !!
Now to prove my point that we had all of today's similar issues then. Here is my after GC post.
http://forums.immigration.com/showthread.php?t=84252
I hope you people wouldn't simply jump to a conclusion that I was lucky. I went through all the travails of layoffs, GC backlogs etc.
Peace !!
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CADude
02-13 01:15 AM
it's classic problem of supply demand and least resistance path.
USCIS provides 3K/each category Visa# per country. What ever USCIS will do you can't fit 200K application in 9K/annum visa#.
Last 3 years(since dec 2005) - EB3 India PD is beyond May 08 2001 only for three months and EB2 is enjoying the benefits of GC. Anyone noticed. NONE. So what happened, many EB3 choosen for convert to EB2 path. Now EB2 India is U so many guys degree with PhD, etc trying for EB1. It human nature and nothing wrong with it. Everyone wants GC ASAP.
So bottomline, Demand is very high compare to Supply. unless USCIS get significant visa# nothing will change.
USCIS provides 3K/each category Visa# per country. What ever USCIS will do you can't fit 200K application in 9K/annum visa#.
Last 3 years(since dec 2005) - EB3 India PD is beyond May 08 2001 only for three months and EB2 is enjoying the benefits of GC. Anyone noticed. NONE. So what happened, many EB3 choosen for convert to EB2 path. Now EB2 India is U so many guys degree with PhD, etc trying for EB1. It human nature and nothing wrong with it. Everyone wants GC ASAP.
So bottomline, Demand is very high compare to Supply. unless USCIS get significant visa# nothing will change.
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okuzmin
10-05 06:15 AM
I sent my application to Buffalo early Sep., however, have not received the receipt # yet. My friend told me it only took a couple of weeks for him to get his last year.
Just wonder how long it is gonna take, thanks for any headsup!
My experience:
- sent all documents to Buffalo on 11/21/2005
- documents were accepted around 12/02/2005 (the payment receipt I got back has this date on it)
- official case acceptance date on the letter is 12/08/2005
- the letter arrived around 12/15/2005
So, about a month for processing and mailing. If there is something missing in the document package, they will send the whole thing back with a letter explaining what else they are looking for. I had that happen to me: the fist time I sent the docs, I didn't provide proof of staying legally in the USA for at least one year. With all processing and mailing it also took about a month.
Just wonder how long it is gonna take, thanks for any headsup!
My experience:
- sent all documents to Buffalo on 11/21/2005
- documents were accepted around 12/02/2005 (the payment receipt I got back has this date on it)
- official case acceptance date on the letter is 12/08/2005
- the letter arrived around 12/15/2005
So, about a month for processing and mailing. If there is something missing in the document package, they will send the whole thing back with a letter explaining what else they are looking for. I had that happen to me: the fist time I sent the docs, I didn't provide proof of staying legally in the USA for at least one year. With all processing and mailing it also took about a month.
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qplearn
10-04 10:37 AM
Desi companies are to blame but not always.
This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:
1> You have been stuck in LC stage for a long time.
2> The initial original LC got messed up due to lawyer or company negligence.
3> The I-140 stage got messed up due to lawyer or company negligence.
4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.
Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.
Many big companies (I am not referring to desi companies here) use it when they fire a guy for whom they have an approved labor cert. This is the commonest scenario. Until sub labor is banned, and there is no certainty that it will be, we will have to live with this menace.
A person I know was so delighted when his colleague was fired because he got to use his LC; they were doing a very similar job. I am talking about a very large firm in Dallas.
This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:
1> You have been stuck in LC stage for a long time.
2> The initial original LC got messed up due to lawyer or company negligence.
3> The I-140 stage got messed up due to lawyer or company negligence.
4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.
Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.
Many big companies (I am not referring to desi companies here) use it when they fire a guy for whom they have an approved labor cert. This is the commonest scenario. Until sub labor is banned, and there is no certainty that it will be, we will have to live with this menace.
A person I know was so delighted when his colleague was fired because he got to use his LC; they were doing a very similar job. I am talking about a very large firm in Dallas.
more...
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whitecollarslave
02-12 01:11 PM
http://blogs.ilw.com/gregsiskind/2008/02/house-dems-to-p.html
Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.
How can we find out if EB provisions are there?
Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.
How can we find out if EB provisions are there?
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chanduv23
07-28 11:45 AM
Jayleno - me thinking sane is the reason you didn't hear from me in any malls/WM :) but I was a minority in BWW who believes in waiting till you find like minded people who are looking. cold contacting is just going against human instincts. you can't simply talk to a person about something to get his phone number and call them about this business next day. that is a reg flag right there. i couldn't do it and hence not with this business anymore. many of us are not ready to think about making millions in few short years. some people need to understand that you can't rub that idea with force on another human being.
in BWW terms, i was a quitter who can't take the business to the next level because I was afraid of rejection (getting a NO from prospects)..
Thanks for your perspective and it explains not only about BWW but about cold contacting in general.
I used to be very very active in IV campaigns and tried to get people sign up for IV activities. We had lobby days, workshops etc.... and we found it very difficult to explain or get people on board for IV activities though it is beneficial for them. Most people would give us the same treatment that they give the Ammway folks.
in BWW terms, i was a quitter who can't take the business to the next level because I was afraid of rejection (getting a NO from prospects)..
Thanks for your perspective and it explains not only about BWW but about cold contacting in general.
I used to be very very active in IV campaigns and tried to get people sign up for IV activities. We had lobby days, workshops etc.... and we found it very difficult to explain or get people on board for IV activities though it is beneficial for them. Most people would give us the same treatment that they give the Ammway folks.
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longq
02-13 03:53 PM
Before AC21, the spill over goes vertically.
After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.
In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..
Before AC21
3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
After AC21..
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.
In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..
Before AC21
3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
After AC21..
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
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bestofall
09-25 11:31 PM
""""""""""""""Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.
Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
PERM applications stay stuck (as they are very few approvals in last 12 months)
CIS is force to allocate visa every quarter (leading to large spill-over)
Fewer EB3 to EB2 porting
""""""""""""""
Sachu
Thanks for good analysis. I wonder about CIS allocating visa every quarter spill over.
Can you please share any resource about quarterly spill- over ?
Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
PERM applications stay stuck (as they are very few approvals in last 12 months)
CIS is force to allocate visa every quarter (leading to large spill-over)
Fewer EB3 to EB2 porting
""""""""""""""
Sachu
Thanks for good analysis. I wonder about CIS allocating visa every quarter spill over.
Can you please share any resource about quarterly spill- over ?
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sachug22
10-07 05:10 PM
Sachug, it is a great attempt to compare the quarterly and annual spill overs. I made rough calculations couple of weeks ago with annual spill over. However, I assumed around 25K ROW visas(both pending and new) for EB2. And assumed only aroudn 125K for AOS keeping 15K for CP. I will compile all of my assumptions and post here. Overall, my calcs estimated EB2 move to Dec 2006. By the way, I hope you took China in to consideration for spill over.
My numbers
EB1 all - 17K
EB2 ROW - 22K
EB2-I 30K
EB2-C 9K
EB3 all - 40K
EB4 all - 7K
EB5 all - 7K
CP - 8K
I am assuming zero spill over from family category and lower CP numbers (no retrogress country applicant will wait for CP and new applications are low)
My numbers
EB1 all - 17K
EB2 ROW - 22K
EB2-I 30K
EB2-C 9K
EB3 all - 40K
EB4 all - 7K
EB5 all - 7K
CP - 8K
I am assuming zero spill over from family category and lower CP numbers (no retrogress country applicant will wait for CP and new applications are low)
snram4
01-15 06:28 PM
That is true. No one knows the impact of outsourcing. Because no public data is available unlike H1b or L1. If american public gets exact data about outsourcing then they will oppose that also and goverment has to act. But there is no legal binding for Government or Corporations to give data about outsourcing. Some time back most manufacturing went silently out of USA and when people started realizing it was too late to act. But relaxing immigration will not prevent outsourcing as everything is based on cost
Whether you like it or not...they cannot save the job by restricting the H1/L1B... simply the job will fly to offshore. First they need to fix the GC black hole� stop harassing people before they are enforcing the rules. Then no one needs to work for consultants
Whether you like it or not...they cannot save the job by restricting the H1/L1B... simply the job will fly to offshore. First they need to fix the GC black hole� stop harassing people before they are enforcing the rules. Then no one needs to work for consultants
blacktongue
01-14 09:44 AM
Plainspeak wasting time.
He was member 2006 onward. Did nothing. Wasted time. Now facing job problem. Need Greencard and now want IV to do for him.
Typical of some lowskill EB3I do nothing and blame. Go do something. Learn some . Become expert and apply EB1 if you so bright. IV does not value Plainspeak. See no reply from admin yet. Proves he wasting his time.
He was member 2006 onward. Did nothing. Wasted time. Now facing job problem. Need Greencard and now want IV to do for him.
Typical of some lowskill EB3I do nothing and blame. Go do something. Learn some . Become expert and apply EB1 if you so bright. IV does not value Plainspeak. See no reply from admin yet. Proves he wasting his time.
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