Legal
07-22 09:38 AM
USCIS TRYING ITS BEST, with the available resources, TO KEEP THE EMPLOYMENT BASED CATEGORY IN SHAPE.
BUT THE REASON FOR ALL THIS MESS IS ITS WORKING WITH DECADES OLD IMMIGRATION RULES and WITH a HUGE DEMAND OF EB VISAS FROM A VERY FEW COUNTRIES.
THE MESS IS WITH THE IMMIGRATION RULES, WHICH ARE WRITTEN DECADES BACK (MAY BE AT THAT TIME THE LAW MAKERS MIGHT NOT HAVE ASSUMED THE EB DEMAND WOULD BE FROM A FEW COUNTRIES LIKE INDIA and CHINA), BUT NOT WITH THE USCIS!!!!!!!!!!!!!!
TIME is REACHED FOR IMMIGRATION REFORM.
vdlrao,
I totally agree with this. They have been trying hard to do the right thing WITHIN THE LIMITS OF CURRENT LAWS and be fair as much as possible.
Do you agree with my statement there are 40k numbers available for EB which should be used up before Sep 30th? 20,000 each in August and September. And I bet that's what they are planning to do. I realize this could be wishful thinking . But everything points to that direction. Correct me if I'm wrong. Thanks.
BUT THE REASON FOR ALL THIS MESS IS ITS WORKING WITH DECADES OLD IMMIGRATION RULES and WITH a HUGE DEMAND OF EB VISAS FROM A VERY FEW COUNTRIES.
THE MESS IS WITH THE IMMIGRATION RULES, WHICH ARE WRITTEN DECADES BACK (MAY BE AT THAT TIME THE LAW MAKERS MIGHT NOT HAVE ASSUMED THE EB DEMAND WOULD BE FROM A FEW COUNTRIES LIKE INDIA and CHINA), BUT NOT WITH THE USCIS!!!!!!!!!!!!!!
TIME is REACHED FOR IMMIGRATION REFORM.
vdlrao,
I totally agree with this. They have been trying hard to do the right thing WITHIN THE LIMITS OF CURRENT LAWS and be fair as much as possible.
Do you agree with my statement there are 40k numbers available for EB which should be used up before Sep 30th? 20,000 each in August and September. And I bet that's what they are planning to do. I realize this could be wishful thinking . But everything points to that direction. Correct me if I'm wrong. Thanks.
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amoljak
10-24 08:55 AM
Thanks for the reply Amoljak,
Now if you can please remove all the sarcasm and explain this in more detail in laymen's terms, it would really help me. I mean how is it that atleast 10 members on this site have mentioned people selling and buying LCs LEGALLY! Were they bluffing or are we reading into the law wrongly?
Thanks
Lets say you have a company. You apply for some-one's labor. The labor is approved. Then the guy leaves. So you have one approved labor. You can then ask me to give you a "gift" of lets say $30,000 and in due course you will employ me in that position. Technically this is illegal, just like it is to take campaign contributions to vote in a certain way...But in practice it is hard to establish quid pro quo in these cases. More so when the person is willingly paying the money and is not willing to turn on the seller. So people who say you can buy LCs legally are WRONG.
Now if you can please remove all the sarcasm and explain this in more detail in laymen's terms, it would really help me. I mean how is it that atleast 10 members on this site have mentioned people selling and buying LCs LEGALLY! Were they bluffing or are we reading into the law wrongly?
Thanks
Lets say you have a company. You apply for some-one's labor. The labor is approved. Then the guy leaves. So you have one approved labor. You can then ask me to give you a "gift" of lets say $30,000 and in due course you will employ me in that position. Technically this is illegal, just like it is to take campaign contributions to vote in a certain way...But in practice it is hard to establish quid pro quo in these cases. More so when the person is willingly paying the money and is not willing to turn on the seller. So people who say you can buy LCs legally are WRONG.
msp1976
02-20 11:35 AM
Three years later I decided I missed USA (note: Canada isn't much different but I still missed the "system" and the rush of working in the big economy with the biggest companies. I came back and stuck in greencard process now for many years.
My conclusion is that I made a mistake of going back and should have stayed the first time around. Something for everyoen to consider going back to other countries or back home.
I keep thinking about going back and your inputs are valuable in this regard...
But in my case I could think of a few more factors...
1. Back home the economy is sizzling...(Don't know how long that would last)..
2. My friends who chose to stay in India/left for India in 2/3 years have a greater net worth than I have...(through stock market/real estate appreciation..) again do not know how long/whether this would last..
3. I am really at my wit's end as far as work is concerned...The stagnation is killing me...I am in this place for last 7 years....
My conclusion is that I made a mistake of going back and should have stayed the first time around. Something for everyoen to consider going back to other countries or back home.
I keep thinking about going back and your inputs are valuable in this regard...
But in my case I could think of a few more factors...
1. Back home the economy is sizzling...(Don't know how long that would last)..
2. My friends who chose to stay in India/left for India in 2/3 years have a greater net worth than I have...(through stock market/real estate appreciation..) again do not know how long/whether this would last..
3. I am really at my wit's end as far as work is concerned...The stagnation is killing me...I am in this place for last 7 years....
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polapragada
09-24 12:31 AM
Matt_Kelly@Specter.senate.gov ID is bouncing
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san_visa
08-03 02:13 PM
I have applied (I-140) EB3 :mad: in May 06 using substitution. My case is not through yet...waiting for approval.
My lawyer did a typo :mad: filed me under Manager/Executive category [EB3] and received notification from USCIS requesting additional evidence. The lawyer responded to the RFE.
Hopefully my case will be processed in August 06 !
I should receive response anytime soon I will keep you posted.
Thanks,
San
My lawyer did a typo :mad: filed me under Manager/Executive category [EB3] and received notification from USCIS requesting additional evidence. The lawyer responded to the RFE.
Hopefully my case will be processed in August 06 !
I should receive response anytime soon I will keep you posted.
Thanks,
San
conchshell
07-29 02:41 PM
I think the idea being circulated by the Ron and Murtys of this world that DOL pushed out the dates to get CP to use up the numbers that USCIS is incapable or unwilling to use seems to go down the drain I don't think DOL cares about 100 odd visas that much.:)
Exactly .. that was the purpose behind taking a rough count of CP filers scheduled for GC stamping at US Consulates in India. With the data we have, Ron's argument does not carry much wait.
Exactly .. that was the purpose behind taking a rough count of CP filers scheduled for GC stamping at US Consulates in India. With the data we have, Ron's argument does not carry much wait.
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sunny1000
12-13 05:06 PM
Good point. But point what we are discussing is whether the rules (per country based) made to process GC can be challenged in US Courts within its constitutional limits? If tomorrow US decides to shut down EB/FB we do not have problem. Certainly it has that right. But when US wishes to have those immigrants than do we (applicants - non -immigrants) have a right to challenge particular rule (here per country based limit) in Court?
The U.S government absolutely has that discretion to make any rule/law under the Foreign Policy doctrine which no Court will interfere. The analogy for this would be the rule - wet/dry policy - they follow with the Cuban immigrants who get a GC just based on landing on the U.S soil. Nobody can challenge that rule (which favors only migrants from Cuba - when Mexicans do the same, it is considered illegal) but, a cuban immigrant can challenge what constitutes U.S soil which the courts can decide.
In short, you cannot challenge the law itself but, can challenge how the law is interpreted.
The U.S government absolutely has that discretion to make any rule/law under the Foreign Policy doctrine which no Court will interfere. The analogy for this would be the rule - wet/dry policy - they follow with the Cuban immigrants who get a GC just based on landing on the U.S soil. Nobody can challenge that rule (which favors only migrants from Cuba - when Mexicans do the same, it is considered illegal) but, a cuban immigrant can challenge what constitutes U.S soil which the courts can decide.
In short, you cannot challenge the law itself but, can challenge how the law is interpreted.
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Macaca
06-28 08:09 PM
but if USCIS knew this (that June+July can finish all the numbers for 2007) then why does the visa bulletin talk about retrogression in September timeframe for India/China? Why not August itself?
That is why I (and my lawyer) expected dates to continue in July + Aug. I actually expected USCIS to continue and use 2008 quota and start retrogressing in Nov 2007.
My analysis is based on info in Ombudsman report. May be there is more stuff! May be something changed! May be they did not have # of adj applicants.
We can complain to Ombudsman!
That is why I (and my lawyer) expected dates to continue in July + Aug. I actually expected USCIS to continue and use 2008 quota and start retrogressing in Nov 2007.
My analysis is based on info in Ombudsman report. May be there is more stuff! May be something changed! May be they did not have # of adj applicants.
We can complain to Ombudsman!
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voldemar
04-28 01:16 PM
so no more labor substitution han? that sounds so sweet to me. we should expect pd movement for eb3 now and maybe for eb2 too now. and this is the best news i have heard in such a long time.
Not yet. Rule should be published in Federal Register.
Not yet. Rule should be published in Federal Register.
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mbawa2574
02-16 12:21 PM
My friend, writing in bold font doesn't make your argument bolder. An argument is bold by the underlying merit of the argument. Where did I mention anything about race?
Even if I had said that there is fraud and corruption in India, it would not be considered as a racist comment. Every year Transparency International generates a list of most corrupt nations. Ever wonder why India is on that list. Ever wonder why out of all places only in India US visa officers are instructed to do technical interview for IT visa applicants? You are living in complete denial and trying to play the race card whenever you get an opportunity.
Fraud and corruption is prevalent everywhere incuding India and a prepondernece of the bodyshops are nothing but a factory of producing overnight "IT Talents". Accept this is as one of the problem of this retrogression.
Don't make corruption in India as an incentive to thrash Indians. Majority of Indian H1b/L1 like any other community are well skilled professionals. It should not give you an incentive to thrash Indians or India. I am sure you belong to India and I am pretty depressed to see some one trash his own country to get some cheap publicity on this blog. I am not playing a race card but Yes I will defend Indians or Chinese for any attacks by bigots like you.
Even if I had said that there is fraud and corruption in India, it would not be considered as a racist comment. Every year Transparency International generates a list of most corrupt nations. Ever wonder why India is on that list. Ever wonder why out of all places only in India US visa officers are instructed to do technical interview for IT visa applicants? You are living in complete denial and trying to play the race card whenever you get an opportunity.
Fraud and corruption is prevalent everywhere incuding India and a prepondernece of the bodyshops are nothing but a factory of producing overnight "IT Talents". Accept this is as one of the problem of this retrogression.
Don't make corruption in India as an incentive to thrash Indians. Majority of Indian H1b/L1 like any other community are well skilled professionals. It should not give you an incentive to thrash Indians or India. I am sure you belong to India and I am pretty depressed to see some one trash his own country to get some cheap publicity on this blog. I am not playing a race card but Yes I will defend Indians or Chinese for any attacks by bigots like you.
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furiouspride
07-21 03:28 PM
found this :D pretty much sums it up.
http://praveensg.com/wp-content/uploads/2009/06/amway.jpg
http://praveensg.com/wp-content/uploads/2009/06/amway.jpg
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bigboy007
06-13 12:35 PM
One things for sure, we cant clear all the problems EB Community is facing in one shot. Agreed that EB Visa recapture will help temporarily but that helps a lot , Still the movement should go on either on country cap or something that would eliminate backlog. But one thing for sure if we keep debating that we need all in one shot its not going to happen. One can keep complaining that i am ahead of many of others but think analytically, we dont enjoy a great support either in house or senate, getting a simple legislation or getting our cause on CIR is itself a big thing here.
Outsourcing is going to happen or not its a different story. US has shifted 99% of it manufacturing jobs, if all admin , it jobs are going to go away where does the money come from to run this country ? Eitherways it is going to happen more in recession, but how is that going to effect our outlook in this discussion ?
Outsourcing is going to happen or not its a different story. US has shifted 99% of it manufacturing jobs, if all admin , it jobs are going to go away where does the money come from to run this country ? Eitherways it is going to happen more in recession, but how is that going to effect our outlook in this discussion ?
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soljabhai
12-14 04:39 PM
Following text is from IV's about page
America has had per-country ceilings since decades on family based and diversity-lottery based visas and it makes sense to have uniform distribution of visas to countries where the basis for immigration is family relationship and family reunification. However, in the employment based immigration system, the petitioner is the employer who wants the retain the employee and facilitate employee retention based on skills, knowledge, education and talent. Employability has nothing to do country of birth. We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
In other words IV itself holds the position challenging the merit of "Nationality Origin" in "Employment Based Green Cards"
America has had per-country ceilings since decades on family based and diversity-lottery based visas and it makes sense to have uniform distribution of visas to countries where the basis for immigration is family relationship and family reunification. However, in the employment based immigration system, the petitioner is the employer who wants the retain the employee and facilitate employee retention based on skills, knowledge, education and talent. Employability has nothing to do country of birth. We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
In other words IV itself holds the position challenging the merit of "Nationality Origin" in "Employment Based Green Cards"
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vjkypally
09-23 05:41 PM
Like I said earlier March is the real bottleneck for year 2005. More than 3000 applications.October bulletin has already moved to Jan22'2005. From other tracking sites there are not too many Feb'2005 applications. But we have plenty of March 2005 applicants. Once it crosses March it will zoom ahead to end of 2005.
But it could be September 2010 by the time it comes to March,2005.
But it could be September 2010 by the time it comes to March,2005.
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imh1b
07-30 01:18 PM
Sounds like a fake story???? Or may be true. But is very very funny :D
Fake to you because you never had such a chance or courage in life. :D
But this dude is a hero.
This gives others a good idea. Instead of saying NO to Amway guys, people will start flirting with both the e-commerce idea and wife. The Amway guy will now have to decide between making money and his wife.
Fake to you because you never had such a chance or courage in life. :D
But this dude is a hero.
This gives others a good idea. Instead of saying NO to Amway guys, people will start flirting with both the e-commerce idea and wife. The Amway guy will now have to decide between making money and his wife.
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lord_labaku
02-13 12:32 AM
Before the Y2K problem, the most common route for Indians to migrate to the US (EB category) was this -->
TOEFL
GRE
Admission into US university (most likely for masters)
Scholarship or loan
MS/Phd in US
Internship using OPT
Job/ H1
Since this involved multiple non trivial steps; the barrier for entry was pretty high that prevented mass migration.
There were procedural delays (in some states with a lot of Indian population ( oh yeah; labor certs used to take 3-5 years esp in California, Texas & Northeast; but you could get labor cert faster in south dakota or such less densely populated places; but once you hit the 485 stage, you were certain of a GC within a few months )
And then along with Y2K came TCS, Wipro, Infosys, & infinite other bodyshops that suddenly changed the equation. No need for TOEFL, GRE. No need to fight for scholarship; no need for TA. no need for RA; no need for MS; in a lot of cases, no need for even UG degree in computers/engg. The requirements ranged from having all 10 fingers in place to knowing the right people in the bodyshop company to land an assignment in the US. Once placed at a client site, it was just a matter of finding the right opportunity to get the client to sponsor your H1. I am sure there were a lot other ways the H1 & L1 visas were abused.
So the situation changed from just procedural delays to procedural delays + extra influx of Indians due to H1/L1 visa misuse.
Ofcourse, we can only blame the inefficiencies of the USCIS/INS/DOL system & silently turn the other way when malpractices & visa abuse were rampant (I guess still is) in the IT bodyshop industry.
I am sure this rant will seem extremely prejudicial. But just for a slight moment; think about why all this happened.
TOEFL
GRE
Admission into US university (most likely for masters)
Scholarship or loan
MS/Phd in US
Internship using OPT
Job/ H1
Since this involved multiple non trivial steps; the barrier for entry was pretty high that prevented mass migration.
There were procedural delays (in some states with a lot of Indian population ( oh yeah; labor certs used to take 3-5 years esp in California, Texas & Northeast; but you could get labor cert faster in south dakota or such less densely populated places; but once you hit the 485 stage, you were certain of a GC within a few months )
And then along with Y2K came TCS, Wipro, Infosys, & infinite other bodyshops that suddenly changed the equation. No need for TOEFL, GRE. No need to fight for scholarship; no need for TA. no need for RA; no need for MS; in a lot of cases, no need for even UG degree in computers/engg. The requirements ranged from having all 10 fingers in place to knowing the right people in the bodyshop company to land an assignment in the US. Once placed at a client site, it was just a matter of finding the right opportunity to get the client to sponsor your H1. I am sure there were a lot other ways the H1 & L1 visas were abused.
So the situation changed from just procedural delays to procedural delays + extra influx of Indians due to H1/L1 visa misuse.
Ofcourse, we can only blame the inefficiencies of the USCIS/INS/DOL system & silently turn the other way when malpractices & visa abuse were rampant (I guess still is) in the IT bodyshop industry.
I am sure this rant will seem extremely prejudicial. But just for a slight moment; think about why all this happened.
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insbaby
02-13 02:02 AM
I think the entire community should align behind Administrative reforms with a laser-focus. This initiative is a digression.
IV has had it's own share of success with it's approach. No other methods have succeeded so far .
Also, from my little IV volunteering experience I can vouch that our community has very high inertia and is difficult to organize. people are afraid to send letters to president...good luck in getting them to sue USCIS.
community does not have the bandwidth to take multiple initiatives.
I see no wisdom in doing this. USCIS/DOS can screw us worse , if they wish to . This is not being timid but being pragmatic...anyway the bravado talk also needs to be followed up by multiple clear paths to victory.
Boss, you will realize the importance when you are told that you are NOT ELIGIBLE for a driver license in this country and they will ask you to get a cab to work or WALK to work.
IV has had it's own share of success with it's approach. No other methods have succeeded so far .
Also, from my little IV volunteering experience I can vouch that our community has very high inertia and is difficult to organize. people are afraid to send letters to president...good luck in getting them to sue USCIS.
community does not have the bandwidth to take multiple initiatives.
I see no wisdom in doing this. USCIS/DOS can screw us worse , if they wish to . This is not being timid but being pragmatic...anyway the bravado talk also needs to be followed up by multiple clear paths to victory.
Boss, you will realize the importance when you are told that you are NOT ELIGIBLE for a driver license in this country and they will ask you to get a cab to work or WALK to work.
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kalyan
12-13 01:00 PM
Either way, be cautious and thoughtable before you fight against the state
Also, i saw in CNN, for some (who are mexican's also), they served in US military (they are not here legallY) and got the Green Card becoz they shared the nations passion in Iraq.
Think some thing like that here too rather than challenge the state and constitution
If you talk with Caste like in India, may be somewhere down the line, you might ask a state for indians (which is like kashmir for muslims).
Also, i saw in CNN, for some (who are mexican's also), they served in US military (they are not here legallY) and got the Green Card becoz they shared the nations passion in Iraq.
Think some thing like that here too rather than challenge the state and constitution
If you talk with Caste like in India, may be somewhere down the line, you might ask a state for indians (which is like kashmir for muslims).
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chintu25
02-13 10:55 AM
The issue is that people speak big here - but run away when asked to come forward. How do we trust 35K members who have tons of excuses for not doing anything for themsleves and blaming IV and questioning IVs credibility?
Ok Chandu Lets not do anything then and just sit tight...... and hope for something to happen
I respect your opinion but now think you r getting disappointed by people not responding to IV campaigns..
One thing that is v clear from the Feb 4th memo about fingerprint/name check
It happend because there was al awsuit filed. I urge the IV core to atleast explore this option with a good attorney again.
One motto
TRY AND TRY TILL YOU SUCCEED
Ok Chandu Lets not do anything then and just sit tight...... and hope for something to happen
I respect your opinion but now think you r getting disappointed by people not responding to IV campaigns..
One thing that is v clear from the Feb 4th memo about fingerprint/name check
It happend because there was al awsuit filed. I urge the IV core to atleast explore this option with a good attorney again.
One motto
TRY AND TRY TILL YOU SUCCEED
AirWaterandGC
05-11 09:20 AM
Thanks cableman.
If anyone has consulted any lawyer or applied for CA PR once it has expired, your inputs would be greatly appreciated.
Be honest, I don't know the real answers. You should find a lawyer to discuss this. I just share my thoughts. For your first question. I guess you should have no problem to enter Canada as long as your Maple card is still valid. However, I think when you renew your Maple card, you will have problem. For your second question. I think you can't re-apply PR as long as you still have the PR status. I think you may have to wait until your Maple card expires. I don't know the successful rate of re-applying PR. Enough point is one consideration, your intent to stay will be another consideration. I will be surprised if the immigration officer won't question you why you gave up the last PR status. You must prepare a good answer. Let me put in this way. Consider yourself is the immigration officer, will you question the applicant who gave up the status and re-applied again? Last advice. If you want to keep the PR, you should find a good lawyer to discuss the possibility of explaining to Canadian immigration why you need more time to move to Canada.
If anyone has consulted any lawyer or applied for CA PR once it has expired, your inputs would be greatly appreciated.
Be honest, I don't know the real answers. You should find a lawyer to discuss this. I just share my thoughts. For your first question. I guess you should have no problem to enter Canada as long as your Maple card is still valid. However, I think when you renew your Maple card, you will have problem. For your second question. I think you can't re-apply PR as long as you still have the PR status. I think you may have to wait until your Maple card expires. I don't know the successful rate of re-applying PR. Enough point is one consideration, your intent to stay will be another consideration. I will be surprised if the immigration officer won't question you why you gave up the last PR status. You must prepare a good answer. Let me put in this way. Consider yourself is the immigration officer, will you question the applicant who gave up the status and re-applied again? Last advice. If you want to keep the PR, you should find a good lawyer to discuss the possibility of explaining to Canadian immigration why you need more time to move to Canada.
EndlessWait
10-07 06:36 PM
lets get the message to congress!
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