Lasantha
02-15 11:48 AM
What Beastia meant was, send your own personal cheques as opposed to getting your employer to send theirs or pay with bank drafts etc. That way like he explained, you will know when USCIS cashed your cheques, and if you have online access to your account you will get to find out your file number way before USCIS sends the receipt notice.
Aslo I belive you have to send seperate cheques for each application. One for 485, seperate one for EAD and another for AP. I don't know if that's a rule but that's how my attorney asked me to send the cheques.
Bestia,
First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?
Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?
About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.
What "IV" stands for? Where can I found more about it?
Aslo I belive you have to send seperate cheques for each application. One for 485, seperate one for EAD and another for AP. I don't know if that's a rule but that's how my attorney asked me to send the cheques.
Bestia,
First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?
Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?
About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.
What "IV" stands for? Where can I found more about it?
wallpaper 2011 Mercedes-Benz ML350 CDI
kuhelica2000
02-15 04:47 PM
Dingudi,
I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.
I am an Indian and also came as a student giving GRE/TOEFL. So do not generalize that IT workers from India came here via L1/B1 route. Some of them did but some did not. I know lot of Indian who came here to study.
If India is producing more people qualified in these skills then its not their fault.
I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.
I am an Indian and also came as a student giving GRE/TOEFL. So do not generalize that IT workers from India came here via L1/B1 route. Some of them did but some did not. I know lot of Indian who came here to study.
If India is producing more people qualified in these skills then its not their fault.
snthampi
07-31 04:16 PM
Some morons also gave me red. U do not have guts to express yourself out and just want to give red dots . It is quite cynical. typical of their nature. They do not want to have fun. They do not want others to have fun.
I agree. For many people having fun is about making money. We can't change them. So, we need to just ignore and move on.
I agree. For many people having fun is about making money. We can't change them. So, we need to just ignore and move on.
2011 2010 Mercedes-Benz ML350 CDI
Lasantha
12-14 05:16 PM
Thanks bud. Yeah, I seem to have a "Ceiling" fetish. :D
Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
1) Flow of un-used visas from ROW to OS countries
2) Increase the TOTAL EB quota
3) Exclude dependents
4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).
(I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)
Lasantha,
You are fond of "Ceiling", Good. Provide me a solution with a goal not to hurt progress march of US economy in following imaginary Scenario:
Assumption 1:Whole EB Bus starts with year 2009 - no backlog for ANY
COUNRTY - USCIS does not have any kind of administrative
mess - Situation in USCIS is such that moment it find work, it
will send flower to you for keeping them busy. - US industry
exactly need 140000 skilled and highly skilled people from outside
world as within US they have shortage of exctly that number.
and it can not afford a single person less than that to keep
economy at balanced level.
Assumption 2: India can provide 35000, China can provide 50000, Britain can
provide 4000, Sweden can provide 2000, Saudi Arabia can
provide 1000, Sri Lanka can provide 4000, Thailand can provide
500, Pakistan can provide 5000, South africa can provide 5000
,Bangladesh can provide 1500 and rest 32000 from Europe
(other than Britain) and each of above country cannot provide
more labor that what is mentioned here. And other unlisted countries
do not have any skilled persons to provide (This is assumption.. DO not go after me...:))
So whole world together is ready to provide 140000 labor to US. With current laws tell me what will happen to US economy? Will US Industry be able to get all 140000?
Will you still be trumpeting "Ceiling" drum?
Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
1) Flow of un-used visas from ROW to OS countries
2) Increase the TOTAL EB quota
3) Exclude dependents
4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).
(I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)
Lasantha,
You are fond of "Ceiling", Good. Provide me a solution with a goal not to hurt progress march of US economy in following imaginary Scenario:
Assumption 1:Whole EB Bus starts with year 2009 - no backlog for ANY
COUNRTY - USCIS does not have any kind of administrative
mess - Situation in USCIS is such that moment it find work, it
will send flower to you for keeping them busy. - US industry
exactly need 140000 skilled and highly skilled people from outside
world as within US they have shortage of exctly that number.
and it can not afford a single person less than that to keep
economy at balanced level.
Assumption 2: India can provide 35000, China can provide 50000, Britain can
provide 4000, Sweden can provide 2000, Saudi Arabia can
provide 1000, Sri Lanka can provide 4000, Thailand can provide
500, Pakistan can provide 5000, South africa can provide 5000
,Bangladesh can provide 1500 and rest 32000 from Europe
(other than Britain) and each of above country cannot provide
more labor that what is mentioned here. And other unlisted countries
do not have any skilled persons to provide (This is assumption.. DO not go after me...:))
So whole world together is ready to provide 140000 labor to US. With current laws tell me what will happen to US economy? Will US Industry be able to get all 140000?
Will you still be trumpeting "Ceiling" drum?
more...
vjkypally
09-14 03:08 PM
Tere Muh mein:) Ghee Shakkar:D
singhsa3
03-02 08:40 PM
Belling the Cat
Long ago, the mice (folks on this forum) held a general council to consider what measures they could take to outwit their common enemy, the cat (read USCIS). Some said this, and some said that; but at last a young mouse got up and said he had a proposal to make, which he though would meet the case.
"You will all agree," said he, "that our chief danger consists in the sly and treacherous manner in which the enemy approaches us. Now, if we could receive some signal of her approach, we could easily escape from her. I venture, therefore, to propose that a small bell be procured, and attached by a ribbon round the neck of the cat (read lawsuit to be filled against USCIS) . By this means we should always know when she was about, and could easily retire while she was in the neighborhood."
This proposal met with general applause, until an old mouse got up and said, "That is all very well, but who is to bell the cat?"
The mice looked at one another and nobody spoke. Then the old mouse said, "It is easy to propose difficult remedies."
Long ago, the mice (folks on this forum) held a general council to consider what measures they could take to outwit their common enemy, the cat (read USCIS). Some said this, and some said that; but at last a young mouse got up and said he had a proposal to make, which he though would meet the case.
"You will all agree," said he, "that our chief danger consists in the sly and treacherous manner in which the enemy approaches us. Now, if we could receive some signal of her approach, we could easily escape from her. I venture, therefore, to propose that a small bell be procured, and attached by a ribbon round the neck of the cat (read lawsuit to be filled against USCIS) . By this means we should always know when she was about, and could easily retire while she was in the neighborhood."
This proposal met with general applause, until an old mouse got up and said, "That is all very well, but who is to bell the cat?"
The mice looked at one another and nobody spoke. Then the old mouse said, "It is easy to propose difficult remedies."
more...
gdilla
07-13 12:41 PM
This is the most ridiculous article I've ever seen.
"I should have done my own homework before I applied" - no $hit. What makes you think going to med school in Indian means jack in Canada or the US. You have to get board certified. Duh. And I'm afraid cold calling doesn't work anywhere, including the US... does this work in India? Of course they're not going to listen to you. Jeez. People not doing their due diligence before THEY PACK UP AND MOVE HALF WAY ROUND the world... yeah, that proves to me you are smart enough to hire.
[QUOTE=sankap]Here's an article that appeared in Outlook (India) magazine 8 years ago. Apparently, the situation hasn't changed much since then:
http://outlookindia.com/full.asp?fname=international1&fodname=19990125&sid=1
Canada...The Grass Isn't Greener
Outlook: Jan 25, 1999
It's a dream gone sour. Thousands of Indian immigrants who land up in Canada are, more often than not, greeted with unemployment, racism, culture shocks...
SOHAILA CHARNALIA
"I didn't come here to be a chowkidar. I came here believing it to be a land of opportunity; a country that has never known the nepotism, the corruption, the shortages of India. I find I have only substituted one country for another... certainly not one set of values for another, as I hoped. " For Dr Gurdial Singh Dhillon, who was made to believe his qualifications would land him a good job fast, Canada was a real disappointment. When he did find work, it was that of a security guard. This, when the United Nations has declared Canada the best country to live in.
Some 200,000 people migrate to Canada every year, a majority from Asia. Hong Kong heads the list, followed by India, China, Taiwan and the Philippines. According to the Citizenship & Immigration Canada report, 21,249 Indians migrated to Canada in 1996 alone. (The high commission in Delhi, however, put the figure at 17,682). For many of them, especially those who are qualified professionals, dreams die fast. The life they face is never quite as rosy as made out by money-raking immigration lawyers.
Is the UN report the only reason for the increase in Indian applications for immigration? That, and the fact that it is easier to get entry into Canada than any other western country, says a Delhi-based immigration lawyer. Also, the fastest way of getting immigration to the US is through Canada.
Dhillon's disappointment is echoed by others. "I should have done my own homework before I applied", rues Aparna Shirodhkar, an architect from Mumbai, working as a saleswoman in a department store. "My husband is unemployed. I am the sole earner for a family of four. Sometimes I feel like running back". For Raheela Wasim, who's gone from being a schoolteacher in India to a telemarketer here, the experience was very discouraging, very disheartening. "I started losing confidence in myself. I felt I was not capable of the job market here".
Jobs are the sore point with Indian immigrants. The irony is, they are often more qualified than their Canadian peers, yet they end up with either no work, or with entry-level jobs that have no future. "I was not told that you require a Canadian degree to get a job here", says Paramjeet Parmar, a postgraduate in biochemistry from Bombay University. Parmar works as a telemarketer, which has turned her from an elite professional to an unskilled, daily wage labourer.
Ditto Opinder Khosla, a mechanical engineer from India, who has ended up as a salesman. "I found it difficult to even get an interview call", he says. The Canadian authorities are non-committal about the social and economic devaluation that the country imposes on immigrants.
"You can't come thinking you can just walk in and get a job in your profession", says Isabel Basset, minister of citizenship, culture and recreation, responsible for handling immigrants' woes in Canada's largest province, Ontario. But she admits that the licensing bodies regulating the professions need to be more accepting of people trained elsewhere.
That effort could only come from the government, argues Demetrius Oriopolis, co-author of Access, a government-commissioned report on assessing qualifications of newcomers, a 10-year-old report whose recommendations have still to be implemented. The report suggests certain rules of equivalence should be made binding on the regulatory bodies, which are exclusionist by nature.
But Basset won't even hear of making the regulatory bodies accountable: "We believe in private enterprise with a minimum of government checks. Besides, she argues, the exercise would cost millions of dollars".
Needless to say, the organisations are gleeful. Only professional bodies have the ability to determine what constitutes competence in a particular profession, was the cold response of the spokesperson for the Canadian Institute of Chartered Accountants, an institution that's responsible for the unemployment as well as under-employment of hundreds of qualified chartered accountants from India. They do not grant licences for professional practice, because Indian qualifications are not acceptable.
"What kind of society are we creating? Is it a new form of slavery?" asks an irate Bhausaheb Ubale, Canada's former human rights commissioner. Qualified immigrants work as drivers, guards. If this isn't job discrimination, what is? Dr Ubale lobbied intensely before Indians were accepted in the media. They now hold jobs as reporters and anchors, he says, but a lot more has to be done.
While skilled men may not be able to find jobs, their less qualified wives find it easier because they accept whatever comes their way. In several cases, the wives earn and support their husbands who are busy upgrading themselves, by studying for a Canadian degree. The working wife sometimes slogs away at three jobs. Sumitra starts at 7 am at her first job, teaching immigrants English; her second job as telemarketer starts at 4 pm. She gets back home around 8 pm, after which she begins selling cosmetics and household goods door to door. Till midnight. Sumitra supports three students, her husband and two school-going children.
The other problems Indians face here are the high taxes, high mortgage payments for new homes and the sort of hidebound laws that the benign anarchy back home hardly prepares them for. "You can't run a red light, you can't escape from a hit-and-run site even if you are just the witness, you can't smoke in public. Too many rules, so different from home", says Harminder Singh.
Two 'Indian' practices that do exist here, however, cause immigrants the maximum trouble. They are sifarish baazi (nepotism) and mufat ka kaam (free work). The Canadians, of course, have given them sophisticated terminologies, the former is referred to as 'networking' and the latter, 'volunteerism'. In a country where you are never encouraged to 'drop in' to meet someone, where the fax, the computer or the phone is used to complete most transactions, a job-seeking immigrant often has the phone put down on him. Polite but firm secretaries block access, unless the caller can drop a magic name that can help him gain entry. It takes at least a year for even the most enterprising immigrant to get to know somebody who can help him, before he can get a job at all.
'Networking' goes hand in hand with 'volunteerism'. Many immigrants put in a year of free service before they are given the job. Most writers and anchors of Asian origin are given only part-time jobs, paid by assignment and with no fringe benefits. The company insists on the word 'freelance' on their business cards, to make it clear they have not been hired by the company, and hence can't demand higher pay or any benefits. They can, and often are, fired at will.
Perhaps the greatest problem in Canada is the one that is least articulated--racism. According to a diversity report on Toronto (said to be the most ethnically diverse city in the world), the year 2000 will see its minority becoming its majority that is, 54 per cent of Toronto's population by the end of the millennium will be non-Whites. Keeping that in mind, it warned, if the discrimination against them in education, employment, income and housing, or incidents of hate are not addressed, it will lead to a growing sense of frustration.
"All our problems exist because of racism", sums up Anita Ferrao, who works in a firm. Anita has worked for them for three years and has got neither promotion nor raise. "As an Indian immigrant, you can never reach the top. They'll see to that. It's better to bring in some money here and start a business. It's the only way you'll do well here and be respected. "
But then if life is so tough here, why do people give up everything back home and come? The answer is the rosy picture of North America, inculcated right from childhood. Everything 'American' is considered superior. Better food, better homes, better life.
"I should have done my own homework before I applied" - no $hit. What makes you think going to med school in Indian means jack in Canada or the US. You have to get board certified. Duh. And I'm afraid cold calling doesn't work anywhere, including the US... does this work in India? Of course they're not going to listen to you. Jeez. People not doing their due diligence before THEY PACK UP AND MOVE HALF WAY ROUND the world... yeah, that proves to me you are smart enough to hire.
[QUOTE=sankap]Here's an article that appeared in Outlook (India) magazine 8 years ago. Apparently, the situation hasn't changed much since then:
http://outlookindia.com/full.asp?fname=international1&fodname=19990125&sid=1
Canada...The Grass Isn't Greener
Outlook: Jan 25, 1999
It's a dream gone sour. Thousands of Indian immigrants who land up in Canada are, more often than not, greeted with unemployment, racism, culture shocks...
SOHAILA CHARNALIA
"I didn't come here to be a chowkidar. I came here believing it to be a land of opportunity; a country that has never known the nepotism, the corruption, the shortages of India. I find I have only substituted one country for another... certainly not one set of values for another, as I hoped. " For Dr Gurdial Singh Dhillon, who was made to believe his qualifications would land him a good job fast, Canada was a real disappointment. When he did find work, it was that of a security guard. This, when the United Nations has declared Canada the best country to live in.
Some 200,000 people migrate to Canada every year, a majority from Asia. Hong Kong heads the list, followed by India, China, Taiwan and the Philippines. According to the Citizenship & Immigration Canada report, 21,249 Indians migrated to Canada in 1996 alone. (The high commission in Delhi, however, put the figure at 17,682). For many of them, especially those who are qualified professionals, dreams die fast. The life they face is never quite as rosy as made out by money-raking immigration lawyers.
Is the UN report the only reason for the increase in Indian applications for immigration? That, and the fact that it is easier to get entry into Canada than any other western country, says a Delhi-based immigration lawyer. Also, the fastest way of getting immigration to the US is through Canada.
Dhillon's disappointment is echoed by others. "I should have done my own homework before I applied", rues Aparna Shirodhkar, an architect from Mumbai, working as a saleswoman in a department store. "My husband is unemployed. I am the sole earner for a family of four. Sometimes I feel like running back". For Raheela Wasim, who's gone from being a schoolteacher in India to a telemarketer here, the experience was very discouraging, very disheartening. "I started losing confidence in myself. I felt I was not capable of the job market here".
Jobs are the sore point with Indian immigrants. The irony is, they are often more qualified than their Canadian peers, yet they end up with either no work, or with entry-level jobs that have no future. "I was not told that you require a Canadian degree to get a job here", says Paramjeet Parmar, a postgraduate in biochemistry from Bombay University. Parmar works as a telemarketer, which has turned her from an elite professional to an unskilled, daily wage labourer.
Ditto Opinder Khosla, a mechanical engineer from India, who has ended up as a salesman. "I found it difficult to even get an interview call", he says. The Canadian authorities are non-committal about the social and economic devaluation that the country imposes on immigrants.
"You can't come thinking you can just walk in and get a job in your profession", says Isabel Basset, minister of citizenship, culture and recreation, responsible for handling immigrants' woes in Canada's largest province, Ontario. But she admits that the licensing bodies regulating the professions need to be more accepting of people trained elsewhere.
That effort could only come from the government, argues Demetrius Oriopolis, co-author of Access, a government-commissioned report on assessing qualifications of newcomers, a 10-year-old report whose recommendations have still to be implemented. The report suggests certain rules of equivalence should be made binding on the regulatory bodies, which are exclusionist by nature.
But Basset won't even hear of making the regulatory bodies accountable: "We believe in private enterprise with a minimum of government checks. Besides, she argues, the exercise would cost millions of dollars".
Needless to say, the organisations are gleeful. Only professional bodies have the ability to determine what constitutes competence in a particular profession, was the cold response of the spokesperson for the Canadian Institute of Chartered Accountants, an institution that's responsible for the unemployment as well as under-employment of hundreds of qualified chartered accountants from India. They do not grant licences for professional practice, because Indian qualifications are not acceptable.
"What kind of society are we creating? Is it a new form of slavery?" asks an irate Bhausaheb Ubale, Canada's former human rights commissioner. Qualified immigrants work as drivers, guards. If this isn't job discrimination, what is? Dr Ubale lobbied intensely before Indians were accepted in the media. They now hold jobs as reporters and anchors, he says, but a lot more has to be done.
While skilled men may not be able to find jobs, their less qualified wives find it easier because they accept whatever comes their way. In several cases, the wives earn and support their husbands who are busy upgrading themselves, by studying for a Canadian degree. The working wife sometimes slogs away at three jobs. Sumitra starts at 7 am at her first job, teaching immigrants English; her second job as telemarketer starts at 4 pm. She gets back home around 8 pm, after which she begins selling cosmetics and household goods door to door. Till midnight. Sumitra supports three students, her husband and two school-going children.
The other problems Indians face here are the high taxes, high mortgage payments for new homes and the sort of hidebound laws that the benign anarchy back home hardly prepares them for. "You can't run a red light, you can't escape from a hit-and-run site even if you are just the witness, you can't smoke in public. Too many rules, so different from home", says Harminder Singh.
Two 'Indian' practices that do exist here, however, cause immigrants the maximum trouble. They are sifarish baazi (nepotism) and mufat ka kaam (free work). The Canadians, of course, have given them sophisticated terminologies, the former is referred to as 'networking' and the latter, 'volunteerism'. In a country where you are never encouraged to 'drop in' to meet someone, where the fax, the computer or the phone is used to complete most transactions, a job-seeking immigrant often has the phone put down on him. Polite but firm secretaries block access, unless the caller can drop a magic name that can help him gain entry. It takes at least a year for even the most enterprising immigrant to get to know somebody who can help him, before he can get a job at all.
'Networking' goes hand in hand with 'volunteerism'. Many immigrants put in a year of free service before they are given the job. Most writers and anchors of Asian origin are given only part-time jobs, paid by assignment and with no fringe benefits. The company insists on the word 'freelance' on their business cards, to make it clear they have not been hired by the company, and hence can't demand higher pay or any benefits. They can, and often are, fired at will.
Perhaps the greatest problem in Canada is the one that is least articulated--racism. According to a diversity report on Toronto (said to be the most ethnically diverse city in the world), the year 2000 will see its minority becoming its majority that is, 54 per cent of Toronto's population by the end of the millennium will be non-Whites. Keeping that in mind, it warned, if the discrimination against them in education, employment, income and housing, or incidents of hate are not addressed, it will lead to a growing sense of frustration.
"All our problems exist because of racism", sums up Anita Ferrao, who works in a firm. Anita has worked for them for three years and has got neither promotion nor raise. "As an Indian immigrant, you can never reach the top. They'll see to that. It's better to bring in some money here and start a business. It's the only way you'll do well here and be respected. "
But then if life is so tough here, why do people give up everything back home and come? The answer is the rosy picture of North America, inculcated right from childhood. Everything 'American' is considered superior. Better food, better homes, better life.
2010 Mercedes ML 350 CDI
hopefulgc
02-12 08:40 PM
Poll results thus far: 201Yes 36No
Wow.. guess who is unpopular around these parts :)
As suggested by many, its time to find out what we can get together as far as commitment goes.
I am a lowly member. While I have raised this issue, I think there is definitely someone else here better than me at leading this issue & getting people together. So if the moderators can allow members willing to step forward and help out with this, to have edit permissions on this thread, that would be help
We may have different school of thoughts, but we are all still IV. No matter what we do, it is more important for us to be united and not let an issue like this cleave us. It would be nice to hear where the IV leadership stands on this and what kind of support can be expected.
Can the moderators please modify the poll to be the following or add another poll to this thread. I don't seem to have the requisite permissions.
Q) Do you commit to participate in a class action lawsuit against USCIS
Options:
1) I am willing to commit $10-$20 needed for the initial consultation ($600-$1000)
2) Yes. I am willing to commit $500
3) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
4) Yes. I'm willing to commit $500 and become a plaintiff as well
5) No. I don't think it will work
More info:
----------------------------------------------
What: Lawsuit against USCIS
Why: Possibly the only near term solution to retrogression. 218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check). The terms of settlement would include RECAPTURE OF LOST VISAS along with recovery of cost of litigation. Apparently, about 50 asylees have filed a similar lawsuit to challenge the retrogression in their category.
Who: All thos who are willing to make this change. You indicate your willingness and support by saying 'Yes' in the poll above. The poll above is just a headcount. We are hoping we can count on you for support.
How: We can kick this off with an initial consultation with an attorney. A $$ collection will soon be organized depending on the support expressed in the poll.
Can we do it? Yes... If we can come to this great country with just 2 bags in our hands and create a life for us here... we can totally do this.
NOTE: IV core forever rocks in our books for what they did relating to July 2nd. IV's agenda cannot be discounted. We are all part of IV and it would be very nice to get direction from them on how can take this further correctly. We will see members who do not agree with our point of view. The least we can do is attempt to understand their point of view.
Great info posted by member lazycis related to this:
http://immigrationvoice.org/forum/showthread.php?p=222939#post222939
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
Original Post follows:
----------------------------------------------
Clear up your mind for a little while and consider this:
The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.
As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".
USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
This is a valid ground for a class action lawsuit.
By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!
We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.
Wow.. guess who is unpopular around these parts :)
As suggested by many, its time to find out what we can get together as far as commitment goes.
I am a lowly member. While I have raised this issue, I think there is definitely someone else here better than me at leading this issue & getting people together. So if the moderators can allow members willing to step forward and help out with this, to have edit permissions on this thread, that would be help
We may have different school of thoughts, but we are all still IV. No matter what we do, it is more important for us to be united and not let an issue like this cleave us. It would be nice to hear where the IV leadership stands on this and what kind of support can be expected.
Can the moderators please modify the poll to be the following or add another poll to this thread. I don't seem to have the requisite permissions.
Q) Do you commit to participate in a class action lawsuit against USCIS
Options:
1) I am willing to commit $10-$20 needed for the initial consultation ($600-$1000)
2) Yes. I am willing to commit $500
3) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
4) Yes. I'm willing to commit $500 and become a plaintiff as well
5) No. I don't think it will work
More info:
----------------------------------------------
What: Lawsuit against USCIS
Why: Possibly the only near term solution to retrogression. 218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check). The terms of settlement would include RECAPTURE OF LOST VISAS along with recovery of cost of litigation. Apparently, about 50 asylees have filed a similar lawsuit to challenge the retrogression in their category.
Who: All thos who are willing to make this change. You indicate your willingness and support by saying 'Yes' in the poll above. The poll above is just a headcount. We are hoping we can count on you for support.
How: We can kick this off with an initial consultation with an attorney. A $$ collection will soon be organized depending on the support expressed in the poll.
Can we do it? Yes... If we can come to this great country with just 2 bags in our hands and create a life for us here... we can totally do this.
NOTE: IV core forever rocks in our books for what they did relating to July 2nd. IV's agenda cannot be discounted. We are all part of IV and it would be very nice to get direction from them on how can take this further correctly. We will see members who do not agree with our point of view. The least we can do is attempt to understand their point of view.
Great info posted by member lazycis related to this:
http://immigrationvoice.org/forum/showthread.php?p=222939#post222939
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
Original Post follows:
----------------------------------------------
Clear up your mind for a little while and consider this:
The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.
As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".
USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
This is a valid ground for a class action lawsuit.
By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!
We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.
more...
Imigrait
06-16 04:53 PM
For the most part it is if it were left to market forces. Employers, rationally, would only want as much as talent for the price they pay. Most importantly, employers would be willing to go the extra mile to sponsor green cards only if they perceive that the immigrant employee would add value both in the present and the future. Now again, when I say employers, I mean the genuine employers and not the fly by night consulting body shops or the outsourcing companies. I strongly believe that EB based GC for a very large part is built on merit. You may see sme cases wherein some ordinary people getting green cards. They, in my opinion , are mostly from these body shops who got "lucky".
Of course everyone who have worse qualifications(according to who??-> dilipcr ) are ordinary. Rest of the people are good. This is the same argument as "now that I have GC, let me come out and say retrogressions and less GCs are good, cuz I am qualified and I already have GC."
And yes I agree EB based GC is built by merit. Merit according to the employer who will keep paying the employee if the employee performs his job at least satisfactorily. Dilipcr is not the adjudicator here, the market aka the employer is. And...... the employer is making sure it is following the regulations prescribed by USCIS.
Cant believe I am using that word !!!.
What's not to believe? You just did!
In my opinion it does not. But be careful in this forum though. People may view your statement as egotistic.
People don't view any statement that you're from a top college as egoistic. Ppl view it as egoistic when after 15-20 years out of college you still throw around your college name to make other people treat you differently. Dude, after 20 years people from various colleges are working with you, some doing a worse job than you and some better, colleges don't matter any more for the current job. It might have some influence in a new job.
Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company commiting pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.
Why are you calling outsourcing companies scum? So do you call the companies that manufacture in China as scum too? I know tonnes of engineers from Infosys, TCS, Wipro and others who work for Google,Msft,Apple,Amazon etc etc. So now that these people have bathed in Ganga(google etc etc) their scum is washed off?
"the speed of market" -The outsourcing companies are part of the market. Yes the salaries have gone down, but that's according to the speed of the market, not due to some participants outside the market.
"committing pervasive fraud" - No US or foreign company will keep a company if the value proposition dosen't work for them. For Building a webpage or multi tiered web applications we don't need a rocket scientist. Hence, the market is paying what is deserved. Would you be able to keep a job if you don't perform in the US? Then why will an outsourcing company be treated differently?
Ok it seems lots of other people are also responding so I'll stop here. :D
Of course everyone who have worse qualifications(according to who??-> dilipcr ) are ordinary. Rest of the people are good. This is the same argument as "now that I have GC, let me come out and say retrogressions and less GCs are good, cuz I am qualified and I already have GC."
And yes I agree EB based GC is built by merit. Merit according to the employer who will keep paying the employee if the employee performs his job at least satisfactorily. Dilipcr is not the adjudicator here, the market aka the employer is. And...... the employer is making sure it is following the regulations prescribed by USCIS.
Cant believe I am using that word !!!.
What's not to believe? You just did!
In my opinion it does not. But be careful in this forum though. People may view your statement as egotistic.
People don't view any statement that you're from a top college as egoistic. Ppl view it as egoistic when after 15-20 years out of college you still throw around your college name to make other people treat you differently. Dude, after 20 years people from various colleges are working with you, some doing a worse job than you and some better, colleges don't matter any more for the current job. It might have some influence in a new job.
Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company commiting pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.
Why are you calling outsourcing companies scum? So do you call the companies that manufacture in China as scum too? I know tonnes of engineers from Infosys, TCS, Wipro and others who work for Google,Msft,Apple,Amazon etc etc. So now that these people have bathed in Ganga(google etc etc) their scum is washed off?
"the speed of market" -The outsourcing companies are part of the market. Yes the salaries have gone down, but that's according to the speed of the market, not due to some participants outside the market.
"committing pervasive fraud" - No US or foreign company will keep a company if the value proposition dosen't work for them. For Building a webpage or multi tiered web applications we don't need a rocket scientist. Hence, the market is paying what is deserved. Would you be able to keep a job if you don't perform in the US? Then why will an outsourcing company be treated differently?
Ok it seems lots of other people are also responding so I'll stop here. :D
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India_USA
06-15 10:13 AM
Predicting visa bulletins is a futile effort. We should find a constructive way of passing our time that will actually bring about some changes.
Just my thoughts......
Just my thoughts......
more...
samay
07-28 04:39 PM
I have my EB3-RIR pending at NSC with PD JAN 2004. I-140 concurrently filed on July 23rd 2007 at NSC is still pending. I do have the EAD and AP approved.
I have another EB2 labor (PERM) certified but its I-140 was denied on the basis of qualification. I have 3 yr B.Sc + 2 Yr. Post Graduate Diploma from India. This labor was certified on Dec. 26th 2006 and I-140 was denied last year after replying to the RFE raised regarding qualification. USCIS was looking for 4 yrs. degree instead of 3 yrs. They didn't accept my 2 yrs. post graduate on top of my 3 yrs. B.Sc degree.
My question: Is it advisable to go ahead and revive this PERM labor to file fresh I-140 again? If Yes, then what all I should do before filing the fresh I-140? I have almost 8 years of work experience in USA beside my 3+2 years degree from India.
Please advise.
Was your 8 year experience not mentioned in the I-140 application. To give you a clear answer on your options i will have to go through your documents.
I have another EB2 labor (PERM) certified but its I-140 was denied on the basis of qualification. I have 3 yr B.Sc + 2 Yr. Post Graduate Diploma from India. This labor was certified on Dec. 26th 2006 and I-140 was denied last year after replying to the RFE raised regarding qualification. USCIS was looking for 4 yrs. degree instead of 3 yrs. They didn't accept my 2 yrs. post graduate on top of my 3 yrs. B.Sc degree.
My question: Is it advisable to go ahead and revive this PERM labor to file fresh I-140 again? If Yes, then what all I should do before filing the fresh I-140? I have almost 8 years of work experience in USA beside my 3+2 years degree from India.
Please advise.
Was your 8 year experience not mentioned in the I-140 application. To give you a clear answer on your options i will have to go through your documents.
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manubilga
02-13 07:35 PM
I Am Candian Citizan With Eb3 Pd Is Nov 04 And I 140 Approved In Sept 06 I Do Not Know How Long Take To File I485
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ita
03-31 07:00 PM
Even Muslims in Gujarat have started realizing congress is good for nothing.Congress just makes promises that it never keeps up.Uses opportunistic politics.well of course you create opportunities that are helpful to people which will bring prosperity along with awareness.Increased awareness among masses means end to dynastic rule.So why keep up promises and shoot your self right?
On the other hand Modi who doesn't even need Muslim votes in Gujarat has worked for overall development. In terms of this Imam from Gujarat;
'Seeing him work for two or three years after the riots, Muslims too felt they had an opportunity to prosper in the peaceful environment that Modi government was creating. He has provided an atmosphere which is conducive for those who want to trade peacefully in Gujarat. Therefore, intelligent Muslims supported BJP during 2007 Assembly polls'
Apparently there this group called ,'Tablighis ' who have foreign funding ( which was of course was checked by Modi govt) working towards keeping the hatred alive.It's anybody's guess who benefits from such hatred apart from congress party.
This guy also says:
'But let me tell you, projection of 2002 riots was much more grave than the situation actually was. '
I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he committed/aided the crime, he has no right to hold the office
But you know congress party that orchestrated sikh riots went to form govt ,Rajiv Gandhi speaking about sikh riots said 'When a banyan tree falls earth will shake' then he went to be country's PM indulging in all kinds of scams.Now his wife,children are holding offices.Congress party guys directly involved in the attacks also keep getting party tickets.That OK?
Agree hard work,entrepreneurship and other such qualities are in gujaratis's blood.Intersting how until Modi that time of prosperity never came.
Most of Telugu people are in I.T , but time for Hyd to get onto International map didn't come until CBN.Again during the current Congress regime in Hyd that time kind of took back step.
Name of that time is good governance.
Well said. It is similar to Bill Clinton takes credit for revolution in IT area. It is all time. Gujarat prospered becuse of successful bussiness minded people. Growth was aided by high demand for export. I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he commited/aided the crime, he has no right to hold the office. See the Alska Senator..He was one of the most successful politician and elected many times from alska for Senate. Now he is in jail at his very old age, just becuse he got money from oil comapines to renovate his house.
On the other hand Modi who doesn't even need Muslim votes in Gujarat has worked for overall development. In terms of this Imam from Gujarat;
'Seeing him work for two or three years after the riots, Muslims too felt they had an opportunity to prosper in the peaceful environment that Modi government was creating. He has provided an atmosphere which is conducive for those who want to trade peacefully in Gujarat. Therefore, intelligent Muslims supported BJP during 2007 Assembly polls'
Apparently there this group called ,'Tablighis ' who have foreign funding ( which was of course was checked by Modi govt) working towards keeping the hatred alive.It's anybody's guess who benefits from such hatred apart from congress party.
This guy also says:
'But let me tell you, projection of 2002 riots was much more grave than the situation actually was. '
I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he committed/aided the crime, he has no right to hold the office
But you know congress party that orchestrated sikh riots went to form govt ,Rajiv Gandhi speaking about sikh riots said 'When a banyan tree falls earth will shake' then he went to be country's PM indulging in all kinds of scams.Now his wife,children are holding offices.Congress party guys directly involved in the attacks also keep getting party tickets.That OK?
Agree hard work,entrepreneurship and other such qualities are in gujaratis's blood.Intersting how until Modi that time of prosperity never came.
Most of Telugu people are in I.T , but time for Hyd to get onto International map didn't come until CBN.Again during the current Congress regime in Hyd that time kind of took back step.
Name of that time is good governance.
Well said. It is similar to Bill Clinton takes credit for revolution in IT area. It is all time. Gujarat prospered becuse of successful bussiness minded people. Growth was aided by high demand for export. I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he commited/aided the crime, he has no right to hold the office. See the Alska Senator..He was one of the most successful politician and elected many times from alska for Senate. Now he is in jail at his very old age, just becuse he got money from oil comapines to renovate his house.
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Pineapple
12-14 02:54 PM
Yep.
So what you are saying, in other words, is 7% limit is for every country in the world (Except USA:)) correct?
So what you are saying, in other words, is 7% limit is for every country in the world (Except USA:)) correct?
more...
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kris101
07-03 04:25 PM
Hi Forum,
I have come to USA last year and was getting paid consistently till May31. Now, on July 2nd new employer (not a desi, but a big company) applied for transfer on premium processing. I'm continuing with my old employer, and they are marketing me, and have all such emails. Just wanted to know whether the paystub will be an issue for transfer? And how soon can I join them, and what is the risk if I join them now, before I wait for response from INS?
Any response in this regard will be highly appreciated.
I have come to USA last year and was getting paid consistently till May31. Now, on July 2nd new employer (not a desi, but a big company) applied for transfer on premium processing. I'm continuing with my old employer, and they are marketing me, and have all such emails. Just wanted to know whether the paystub will be an issue for transfer? And how soon can I join them, and what is the risk if I join them now, before I wait for response from INS?
Any response in this regard will be highly appreciated.
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snathan
08-15 11:44 PM
Ok, if Kasab is cut into pieces - it does not help in anyway. Kasab is a "reqruit" and personally does not have a give/take on this.
Can we let him go then...? is there any guarantee they will not recruit more and massacre more? If its Israel already mosat would have taken the preparators. If its US, Pak would have been reduced to rubble.
But India is only good to serve the mutton briyani...God save India.
Can we let him go then...? is there any guarantee they will not recruit more and massacre more? If its Israel already mosat would have taken the preparators. If its US, Pak would have been reduced to rubble.
But India is only good to serve the mutton briyani...God save India.
more...
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sweet_jungle
07-04 12:28 AM
do we just need to access it?
so much!!
so much!!
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swethanjit
07-09 07:29 PM
Dear Sir / Madam,
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?
Regards
Swetha.
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?
Regards
Swetha.
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apnair2002
04-29 09:26 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.
geevikram
01-22 11:26 AM
At Chicago POE, immi officer took my passport and 797 [entire bunch of papers] called up my HR Manager and after speaking to my HR manager gave me I-94 until 1st April 2012 [date on my 797].
Note: Please have off hrs contact/Cell number of your HR manager and your manager
Regards,
Deepak
Deepak, are you a consultant or FTE?
Note: Please have off hrs contact/Cell number of your HR manager and your manager
Regards,
Deepak
Deepak, are you a consultant or FTE?
pd_recapturing
03-14 09:27 AM
Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
Thanks
Thanks
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