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  • eb2_mumbai
    09-15 03:10 PM
    Since EB2-I is slowly catching up with EB2-C, future spill overs will be split between the two categories and not all will go to EB2-I.
    you are correct India will get only 50% of sipill over numbers and we need to take into account how many China applications are pending (perhaps there are more China apps than India in EB2)





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  • ItIsNotFunny
    03-26 01:19 PM
    ......because you are using labor substitution.

    At this time nobody can do anything legally against people who are using labor substitution and employers who are secretly selling labor substitution.

    This substitution is increasing backlogs, is unfair to people waiting in line, encourages employer exploitation since they use it as an incentive to woo employees and then exploit them, 'selling' is illegal but one must complain against the employer and the employee for DOL to act.

    Lawyers are part of this scam. I have read in some posts that even AILA opposed when labor substitution was being ended. It is a lost business opportunity for their lawyer members!!

    I have pointed several labor substitution members on the forums in the past. some of them were never found on the forum since they feared being caught. They must have changed their ID or ran away. So until a law is passed for banning it, such 'trade' that hurts our interests will continue.

    Good that you guys are only buying labor certifications. There is no 'legal' process to buy greencards directly from employers yet!!

    I am not using, but I still agree that given opportunity you should use it.





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  • amulchandra
    04-29 09:19 AM
    This is from Immigration Law firm. Is it true?

    04/28/2007: Labor Certification Substitution Elimination Final Rule Approved by OMB 04/27/2007

    The OMB approved this final rule. As soon as this rule is released, all those certified labor certification cases which have yet to be filed for substitution I-140 will be no good for substitution.





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  • nomi
    09-29 01:21 PM
    Hi Kukitron and all,
    I am having a new h1b with validity 7/2009. But My Visa expired by Aug,2006. Please clarify, can i travel from canada to Seattle thro Road with the expired visa and the new h1b which contains a valid I-94

    Thanks
    Sundar

    You may return to the U.S. from Canada or Mexico using the automatic revalidation provision of 22 CFR � 41.112(d) (the "30 day rule") IF you satisfy all of the following :

    1. You have an unexpired form I-94
    2. You have a valid passport
    3. You have some kind of visa in your passport, even if it is expired or the maximum numbers of entries have been used (but NOT if it has been revoked or cancelled for some reason other than having reached the maximum allowable number of entries)
    4. You are maintaining your nonimmigrant status in the U.S.
    5. You are not a citizen of a country determined to sponsor terrorism by the Department of State (e.g. Iraq, Iran, Syria, Libya, Sudan, North Korea, Cuba)
    6. You have remained in Canada or Mexico for no more than 30 days
    7. You haven't gone to any country other than Canada or Mexico during this visit (or, according to some CBP officers, at any time since your most recent visa expired)
    8. You are returning to the U.S. to resume your lawful nonimmigrant status
    9. You did not apply for a visa during your must recent trip outside the U.S. and
    10. You are not otherwise inadmissible to the U.S.

    Below link contains the official documentation for the 30 day rule:
    http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

    Hope this helps.

    Please share as many people as possible who use this rule.



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  • PSReddy
    09-05 04:27 PM
    Go see your own posts AH.....

    U Need to alteast learn how to hide your true identity......MOTHER FUCKER...

    This too funny with 15 pages and nothing to achieve. No immigration realted issues.

    Reddy: This is my first post. Do not degrade ourselves for some filthy discussion. You are degrading every one here and you are EB2. Can you justify why do you have to be in EB2 while using such words?

    In doubt, do not suspect the entire village, just ask your neighbor or you can ask your father who your Biological father is. Why do you think True Facts is your Bio father?





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  • nozerd
    03-19 05:25 PM
    I am currently trying to negotiate with my company to do one of 3 things

    1) Live in Windsor, ON and commute daily to work in Detroit, MI office. Work on my current US based projects

    2) Work out of Toronto office of my company on US based projects.

    3) Take transfer to Canadian operations of our firm and work there as Canadian employee on Canadian payroll.

    In all 3 cases intent is to move back to US once PD is current so I can file 485. At the same time earn time towards Canadian Citizenship and build roots there if US GC isnt going to happen. Advantage of option 1 and 2 is to get paid in US salary, keep H1 visa for travel to US and keep US based job ready.

    Others can also try similarly if their firms already have offices/branches/ sister concerns in Canada.

    If job market is bad then go there wih a job set up. I am lucky my company is multinational with offices all over.



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  • krishmunn
    06-12 12:20 PM
    I wonder what Dilip was doing when he was laid off. An H1 holder is out of status the moment he/she is laid off. So, our brightest Dilip was out of status (aka illegal) during the period he was laid off.
    As is said -- illegals have a better chance to get GC then those trying to be legal.
    With such friends of prospecting immigrants you sure do not need an anti-immigrant.





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  • mnkaushik
    09-17 09:47 AM
    I know that many applied on March 05 just the week before Perm was going to start through the normal process and not RIR. I remember there was a way that they could abandon that application and apply thorugh the PERM process but keep their date. I know a friend of mine who did it. All these numbers suggested above makes sense only after we pass March 05.



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  • gc28262
    01-24 01:34 PM
    Kindly visit this forum
    USCIS new memo on Employer-Employee relationship - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=1181028202&p=2)
    and see yourself how people differ on this memo. It seems so many people are happy about this memo for the following reason:
    1. They are not affected by this memo ( for sure ).
    2. They are fed up with Body Shoppers.

    You can not ask them to change as they have their own take on this memo.
    Personally after reading so many scenarios I don't support this memo.

    If you see JoeF in that thread, he is more of an anti-immigrant. There are many in our community who are happy at the plight of their fellow countrymen. That is no reason that people should support this non-sense memo.

    In IV, members are more knowledgeable than those on that particular thread from Murthy forum. People are so ignorant that they are agreeing to whatever that JoeF( anti ) is saying. IV members are much smarter than that.





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  • chanduv23
    02-13 10:26 AM
    I agree with some senior members when they say that no one individual will come forward for the lawsuit . And I ask why should they ??

    And I think, even if one single or 2-3 people do come forward it will not be possible.
    This is the reason we have forums like our IV so that all can come together and take a decisive step together .

    Who can stop IV to file a lawsuit USCIS ? NO ONE

    Many members went on blabbering about how long the process is and how expensive it is ... REMINDER if we can come together and collect upwards of 35k FOR "Lobbying Efforts" we can definitely collect funds for a lawsuit.

    Some one here rightly said ...If we are retrogessed and there is a queue ..Is it because of you or me NO it is due to the inefficiency of the USCIS.

    NO ROAD IS EASY IN THIS BATTLE..... AND ALL OPTIONS SHOULD BE EXPLORED

    Again , I want to reiterate , I think if IV core takes lead...hires a good attorney ....we will have funds for it....we have proved it in the past that IVians can contribute

    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?



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  • hpandey
    07-21 11:42 AM
    My desi neighbor told me about it recently. What are your experience with Amway Quickstar. Have you guys made money from it?

    Looks like you are too new to the US not to know about the Amway scam artists ..

    Remember if you join even your friends will become your enemies :D

    They are like leeaches .. very hard to get rid off.





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  • la6470
    01-16 03:10 PM
    How else is a consulting company supposed to work - if they do not send their consultants to client site? Consulting is not always a one month affair - all IT organizations need long term consulting on permanent basis from subject matter experts. Again I know for sure that this is a misguided memo from some folks in USCIS who has no practical understanding of the complexity of modern IT organizations.

    I am posting this again because I want the discussion to focus back on what is really important and not soothe someone's personal ego.



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  • sumagiri
    07-25 08:40 PM
    I dont know what this means. He said previously EB3 backlog is massive. So assuming40 percent of indians would give 160,000. Out of those assuming 50 percent for EB2 would give 80,000. Question: Is eb2:eb3 ration 50% ??



    "I think that the numbers are generally accurate, but I disagree with the conclusion. In large part, I rely on what I was told in a conversation with the State Department officer responsible for calculating cutoff dates. He told me that the Indian E2 cutoff date is going to retrogress back to late 2002 or early 2003 in October. He said that the Indian E2 backlog is MASSIVE.

    Looking at the total number of people who have filed AOS applications, or who have been reported as documentarily qualified to consular posts, we see a group of at least 400,000. This was as of a couple of months ago, after much of this year's quota had been used. I'm told that between 40% and 45% of the people in the known backlog are chargeable to India - and most of those are E2".


    IMO, "MASSIVE" is a relative term. Even if there are 400,000 applicants and 45% of them are India and 60% of those are E2, the total is just 108,000. Not that bad if we look at the calculations and E2 numbers India gets this year and next year. I think it is sensible to say the actual number would be lower than 108K.

    Having said that, before horizontal spill over, all these numbers (spill overs) were going to E3 ROW. Why is E3 ROW still severely retrogressed? Apart from calculations, I am attempting to do all reality checks. Is the volume of E3 ROW so heavy that around 50k + additional visas are not helping to bring E3 ROW to current. Read some where about amnesty causing this back log. Any one knows this for sure?





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  • ItIsNotFunny
    06-27 09:39 AM
    I don't see any authencity of this rumour.



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  • phenyle
    07-28 06:23 PM
    Hi,
    Mine and my spouse I-485 has been current for over two months, We are on EB1 and our I485 receipt notice date was may 8 2007. The center is currently processing aug 2007 applications. My lawyer sent an inquiry 60 days ago and there has been no response from USCIS.

    Please advice what i could do to find out why my processing has been delayed.

    Thanks,
    ashish





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  • hiralal
    06-15 09:36 PM
    Just hang on to your jobs or find a job if you loose one. You will get your GC. GC shouldn't stop you from pursuing your interests buying house or starting a business, there are always ways to do it.
    I am guessing that your intention is good but the advice is BAD (to put it mildly).
    Find a new job if you are on H1 / or even EAD -- first try the same and then let us know.
    regarding buying house - if you are welder from Korea - sure go ahead even if you PD is 2006. if from China / India -- just forget it for the time being ... it will add too much stress in your life ..better have the money in liquid form. it is good to be optimistic but you need to be a realist first ..as others have said, if they cannot print a plastic green card for you then it is foolish for you to invest your hard earned money in real estate



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  • gomirage
    07-13 11:01 PM
    Good luck with your plan. I personally regret that I didn't do this earlier. But it's never too late.
    I have two interviews lined up in August for jobs in the Vancouver area. I will move in a heartbeat if the opportunity arises. At this pace bye the time I get american green it will probably be useless for me, because my prime years would be gone. I'm tired of leaving on temporary plans for the rest of my life. Good luck to everybody.





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  • reddy2cool
    09-23 09:42 AM
    Nixstor: I know how responsible person you are. You must have given lot of thought to this. Even if 20-30% people buy house, that reduces the no of applicants waiting for GC which will make it faster for the people that do not want to buy now for various reasons.

    I fully support this idea. Thanks for bringing such good and justified proposal.


    Definetely a good idea, I completely endorse it. Even for people who arent eligible/dont have money right away- dont you think reducing the line will eventually help all of us. we dont need to jump 100 ft at once (read relief for all) as long as we are able to jump 10ft once without injuring ourself. Also for people cribbing about seperating rich, anywhere in the world i.e the concept after all they are taking huge risk by investing their hard earned money (just like 20% people contribute to 80%of taxes) they need a break somewhere.





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  • El_Guapo
    01-14 01:13 PM
    The right to control the beneficiary is different from actual control. An employer may have the right to control the beneficiary's job-related duties and yet not excercise actual control over each function performed by that beneficiary. The employer-employee relationship hinges on the right to control the beneficiary.

    Don't all companies have the right to control the beneficiary? For instance, a sponsoring company has every right to determine if an employee shall be placed on a project billed at $50/hr or if they seek another project/client with a higher billing rate. Similarly, the employer has every right to determine if the employee will be placed at a client requiring a project manager or at a client requiring a developer, thus effectively controlling the beneficiary's job-related duties!


    This is a good point. This leaves a grey area, isn't it? I give you green for this El_Guapo.





    JunRN
    09-23 02:15 AM
    Asking for exemption from quota will cause this proposal to fail. My suggestion:

    Of the 10,000 available visas per year for EB5, only about 3k to 4k are being used. How about if one buy a house and give a minimum $100,000 cash payment (not credit in US), he will get a temporary greencard from the EB5 visa pool. If after 2 years, the house is occupied and owned by the same person without problems with credit, he will get a permanent GC. This is on top of meeting the requirements of the category he is in.

    Sorry for bringing EB5 in my comments.

    This is just my opinion.





    alisa
    07-04 10:57 AM
    I am sick and tired of cookie cutter responses from lawmakers staff. They have a standard template, that starts off with how concerned they are that the immigration system is broken, and their concern for American companies and workers and H-1b.
    Enough of that freaking rubbish....

    Lets send them letters, and specifically ask them
    a) Do you condemn USCIS/DOS behavior, or do you commend it?
    b) Do you sympathise with the plight of the employment based greencard applicants or not?
    Finally, say that their response will be posted on online public forums so that it can be shared with other employment based greencard applicants.



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