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  • Subst_labor
    03-16 12:45 PM
    hi All,

    Can someone give me advice on this:

    I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
    i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
    i am concerned if that India exp. during graduation will work or not.
    Has anyone faced a situation like this?
    the (part time exp)company was very small, can this be risky? what do you guys think?

    Thanks.





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  • mundada
    09-23 11:05 AM
    Finally a great idea that the Congress can swallow without appearing being pro-immigration.





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  • ashshef
    10-21 01:55 PM
    Looking at approval data, i see EB2-India approvals continuing with many recent approvals from Jan 2005. Leading me to believe that most of the application current will be approved by Nov 2009 and we should see +ve movement in EB2-India date to March 2005 in Dec 2009 Bulletin.

    I'd be surprised to see that much movement before the Jan bulletin. If they do a quarterly spillover, I am hoping they'll move it to March at least.
    Been working on H1 since mid-2000. Getting more and more anxious as the dates draw closer.





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  • logiclife
    06-26 01:41 PM
    Logiclife,

    All I am saying is, the DOS or USCIS can be unpredictible at times. I know TECHNICALLY there is NO way the July bulletin can retrogress IN JULY. However I would NOT be surprised if that happens. Coz this suddenly creates a FLOOD of Ead applications and AP applications not to mention Finger printing.

    Once again, what is with this "Flood" and "too many". Petitions are postal packages. They are not Tsunami waves that would prompt them to shut down their doors to prevent flooding. They did get nearly 200,000 petitions in Vermont in one day. What happened ? Did the mail room clerk drown in fedex ? Were the packages overflowing in the parking lot ?

    Guys please stop thinking these logistics, and get a life. USCIS has people who are capable of predicting several hundred mail packages and handling them. They are inefficient and slow but they are not galactically stupid. And if they stop accepting petitions, it wont be because they have received "Too many" because it takes time to define "too many". So chill and try to file it before 31st July.

    These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.

    Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.



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  • vdlrao
    07-16 10:25 PM
    Does anybody know how many EB2-I and EB2-ROW PERMs were processed for 2006, 2007 and 2008? Once we know these numbers it will be easy to predict EB2-I movement as all of the spillover numbers will be used primarily by EB2 India.

    http://www.immigration.com/newsletter1/attregusimmsuppo.pdf
    http://www.immigration.com/newsletter1/permstatsjune08.pdf

    Total Labors approved in year 2007 --> 85,112
    Total Labors for India in year 2007 --> 24,573.
    Total Labors for China in Year 2007 --> 6,846

    Total labors approved from Mar 2005 to till May 2008 --> 209,393





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  • test101
    07-10 10:11 PM
    The thing is - people are crazy about USA, no matter what - so if you leave someone else will come - thats the attitude here. Exploitation to the core. The way America was built is by slavery. America became such a great country only because of slavery. There were moments in past where people revolted and found liberty - and we are all on that path. Look at the Black civil rights moment etc.

    The problem with the current immigration policy that the government is forcing the companies to outsource the HI-TECK jobs and needed skilled immigrants works like RNS to Canada, and other countries. These jobs could be taken by American maybe, but now they wont have that chance.

    The job that suppose to exsit and be filled by american or immigrant in the teck industry is not going to exist in the US. Instead it's going to exist in Canada for an immigrant.

    The US faces huge nursing shortage, nurses are going Canada and Australia, same for PT's. US is not going to get the tax money, social security nor the jobs. High paid jobs like HI-TECK and nurses,..ect get taxed more and now this tax is going to be in anther country.

    MS started outsourcing, Oracle is following. Nurses & PT's educated in the US are leaving it. This current policy is not for the greater good of the country, it's by cheer of bureaucratic incompetence.

    This is going to become more than just an immigration problem. This is going to hurt the economy& health care real bad if they do not fix it.

    stay toned 5 more years of this and see how bad it's going to get.



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  • sbabunle
    08-03 03:16 PM
    Hello shree19772000
    There is a proposal to stop labor substitution which was
    put for public comments. It was like a few months ago. If they finalize it, labor substitution will be completely eliminated. But I'm not sure of the timeline of this.

    babu





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  • dreamworld
    05-03 01:36 AM
    :D:D:D

    This reminds me a hilarious movie Burn After Reading!
    I am almost rolling on the floor here...

    Should I say who supports Prabhakaran here are LTTE or LTTE sponsored ? I don't think so:D:D

    There is a real truth and history. thats why the whole world is crying for Ceasefire and Diplomacy!!!

    http://news.bbc.co.uk/2/hi/south_asia/8022190.stm
    Extract from the news
    ----------------------------
    Ceasefire pressure
    Mr Bildt told the BBC: "They have said I am not welcome at this particular period of time - they were saying that they can't handle too many people.
    "There must be some sort of reason but it has to be a rather odd one."
    Mr Bildt said he was recalling the Swedish ambassador in Sri Lanka for consultation, adding that Sri Lanka did "not seem to be too interested" in its relationship with Sweden at the moment.
    ----------------------------



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  • felix31
    10-10 10:21 AM
    i would say ban works for everyone - regardless of the citizenship





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  • ganguteli
    04-01 11:06 PM
    As long as we are not citizens of USA showing interest in Indian politics is ok. I would say even after becoming citizens it is ok since we are connecting to our country of birth/origin. If someone wants to discuss Burma or China, they can also do that.

    We are immigrants and still are nostalgic to our India. Nothing wrong in it.

    Now tell me, at home do you only discuss immigration with your wife and kids just because you do not have a greencard and are obsessed with it? or do you only discuss work in your office just because you are at work and office is for work? Don't you joke around, have a fun time etc at work too? or do you just send a rude email in big red letters to your CEO saying please delete my name from your payroll because someone in my office is discussing something other than work and I am offended.



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  • at0474
    12-13 01:23 PM
    "Fairness or not is not the issue. Question is can it be challenged in a court? "

    --I guess fairness is the issue and that is what you are asking for by challenging the court.


    "As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."

    --To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.





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  • gc28262
    01-14 10:25 AM
    Not just desi consulting co's who makes money just by passing on resumes with a status of 'preferred vendor' / 'partner' etc; but also just look what the big names like Tek systems, Kforce, MOdisIT etc are doing ? they also should be brought to justice in this shameless game of layering / commission based on business . just do not blame only desi co's
    needless to say worst business practices of big 5 from india and i'm not supporting them in any manner, but my point is these american blood sucking layers also should be gone.

    On the same lines walmart should not be doing business in US. Because all what they are doing is getting the product from real producers( farmers etc) and delivering it to the actual consumers( we customers). Walmart has no business taking a cut from producers as well as consumers.

    It is none of USCIS's business to define and control the way a business operates.



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  • Openarms
    07-28 01:46 PM
    Where are the Attorney's responses on this thread??





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  • venky321
    01-14 07:08 AM
    Page 5 says that if the petitioner is a software developmentt company; where the beneficiary is placed at a client on a long term basis, but using the designs or developing an application of the petitioning company; and the beneficiary reports weekly to a manager of the software development company.

    This might work for large IT companies who develop entire software solutions and who might staff an entire project for a client on a own. But others who are only staffing companies; even if they are large may not be able to show the required control.



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  • cinqsit
    01-15 12:20 PM
    It wont be an issue since you already gor your GC or I-485 filed. I failed to understand still what you are doing here.

    Ok I will shut up now. Sorry didnt mean to anger anyone I would be worried too if I would have been in this position. Good luck to all and hope IV, AILA and others can
    help all of us.

    cinqsit





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  • abhijitp
    07-04 11:24 AM
    I have more emial addresses if you want them.....

    someone pls tell me how to upload , i have now an .xls file of media contacts, about 931k in size.



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  • poorslumdog
    08-15 09:57 PM
    Also I expressed to take the "Global icon" tag out of the picture and focus on the system itself. Make sure you read and understand posts before rhetorical reactions.

    The system is working very well the way it was designed. As some one already pointed out blame it on osama bin laden. Not on the DHS





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  • vimalm
    08-22 11:43 AM
    Dear Samay

    My wife's H1 COS is approved with a start date of Oct 1, 08. Due to a family emergency she needs to travel to India and stay there for extended period of time (well past Oct 1. Expecting to return back End of Nov). Currently she is on H4 with her H4 Visa stamp expired.

    My question is can she come back on H1-B status at end of Nov? I understand that she will have to apply for H1-B visa stamping without paystubss in India and that can be very risky.

    She needs to leave ASAP (once we receive the approval in hand). Can she leave prior to Oct 1 or does she have to wait till Oct 1 and then go in order for COS to take effect?

    Your response is really appreciated.





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  • dilber
    07-15 07:25 PM
    For first quarter EB2 India will have 1/4 of 9,800(7% of 140k visas), which are 2,450 visas. I wonder
    how u got 800 visas. I dont see much retrogression in EB2 dates other than some mild ones. And the dates move pretty fast on a whole.
    About EB3: it wont be like now all the time. The Immigration reform bill wont keep failing all the time. There would be a time for it to pass in the next two years. As soon as it passes all our Employment Based categories, specifically EB3, will get greatest benefit with PDs almost becoming current.

    Vdlrao:
    First of let me congratulate you. You have been amazingly accurate time and time again about the movement. Do you have some internal sources:rolleyes:
    Jokes aside I think you miss calculated the 2450 visas for the first quarter for the EB2 India. I think the 7% country limit is on a state as a whole including EB1, EB2, EB3, and others. So going by this India gets 9800 visas for a year without any spillovers. The spillovers happen in the final quarter only so for each of the first 3 quarters EB2 will get 28 percent of one fourth of 9800 and the same amount will go to EB1 and EB3 as well. so EB2 I gets 686 visas. But I agree with you that in the last quarter EB2 I will move very fast because it will get all the spillovers from EB1 and EB2 ROW..





    gc_on_demand
    09-14 03:45 PM
    I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).

    My estimate is that

    EB2-India pending applications with PD older than Dec-2004 no more than 2000.
    EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone)


    Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.

    Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
    PERM applications stay stuck (as they are very few approvals in last 12 months)
    CIS is force to allocate visa every quarter (leading to large spill-over)
    Fewer EB3 to EB2 porting


    CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below

    EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
    EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)

    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.

    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
    PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
    1100 LCA => 3850 GC

    Total pending I-485 in 2005 (EB2 India) ~ 8000

    This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.


    I think Eb2 india got more than you think... It must be 15k or more from Spill and I do expect that india will get 30k spill this year.which will clear 05, 06 and half or 1st quarter of 2007





    vivekm1309
    02-12 09:12 PM
    That is an apples to dinosaur analogy.

    The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.

    Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.

    Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.

    The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.

    Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.


    But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.

    Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?



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