Saturday, August 6, 2011

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  • gcdeal
    07-11 09:45 PM
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  • gc4me
    03-27 10:19 AM
    I did some internet search and found this Q&A in murthy.com
    Cooool...people go ahead with LC Sub.

    Q. I have a pending green card case based on a substituted labor. Do I need to worry about this proposed regulation?
    �MurthyDotCom
    A. It would not seem to affect pending green cards based on substituted labor, as long as the substitution was not being requested through the DOL. This regulation prohibits substitution through the DOL. So, if it were to go into effect, it is possible that it would end all pending requests for substitution of beneficiaries made to the DOL.
    �MurthyDotCom
    Most substitution requests are made via the USCIS at the I-140 petition filing stage. This involves labor certifications that have already been approved, and the substitution request is made in the filing of the I-140 petition at the USCIS. The regulation attacks this process by making labor certifications valid for only 45 days. Thus, all I-140s would have to be filed within 45 days of labor certification approval. Even if the regulation were to pass, however, it does not appear that it would have the power to terminate pending I-140s (even if based on LC substitution). If the cases are proper when filed, it does not seem that the regulation would extend to pending USCIS cases since the proposed regulation is a DOL, not a USCIS, regulation. If it were a USCIS regulation, then it could impact pending I-140 cases for which the labor certification is over 45 days old at the time of filing - not just LC substitution cases. Those cases with approved I-140s do not appear to be vulnerable to this proposed regulation.


    How do you now that? Any sources?

    If text of the proposed memo will be the same, then all pending I-140 based on LC substitution should be denied.





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  • manusingh
    09-13 10:27 PM
    I filed my EB2 NIW in 2007, I 140 approved. Can change employer and move to another state, will it bring any RFE in future for 485 approval.

    If I change my field chemistry to biochemistry how is it going to affect my NIW petition.

    thanks





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  • 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."



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  • akred
    02-18 12:31 PM
    Reason it was retrogressed is probably everyone was getting everyone of their relatives, etc., to come to USA through employment base. The country quota in my mind is designed to prevent such abuses of people making an end run and designing systems to get people from certain countries here.


    You are theorizing based on circumstantial evidence, but the history and origin of the country quota does not support your conclusion. The fact that the DOL and UCCIS would not be able to keep abreast of illegal behavior is not something that would have been known at the time the country quota was introduced.

    The other issue with your theory is that the abuse you are referring has its roots in the fact that the employer controls the green card process not the country quota. If I really want to abuse the country quota I would change my name and get a fake SSN / green card and wait for the periodic legalization initiatives or even simpler, get a birth certificate from the right country.





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  • rsdang1
    08-21 11:39 AM
    "Everytime"?

    I've been pulled aside once, in the nearly 7 years I've lived here. I've never had to go through any sort of 'suffering' -- nobody humiliated, beat me up or threw me in some dungeon, and likewise with any of my friends (and I have friends of different nationalities and religion)

    I was asked the routine stuff - why I'm visiting the US - who I work for, where I live, how long have I been in the US and if I have family here. They asked, I respond - and that was that. The tone wasn't the most cordial nor was it demeaning. It's not a popularity contest. The key is to not take things personally. I have a lot of respect for President Kalam. He sure did Indians and people in general, proud. Now, please, give it a rest.



    I am a Sikh and I wear a turban due to my religious belief - try traveling with a Turban - You will very easily understand what "every time" means....
    :-)



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  • longq
    02-14 05:42 PM
    How do you know what the "intention" was of the lawmakers that recaptured visas are supposed to go to the retrogressed countries. If that was the case they would have gotten rid of the 7% limitation along with the recapture.

    Most people who come on h-1b are Chines and indian. There was also close to 200,000 visitor visas approved in 2005 from India.

    I never said AC21 recaptured numbers only for China and India. The reason for AC21 recapture is , there was a huge backlog in EB visas for China and India till 1999. Remember again, there were no backlog in ROW then. If there were no retro in EB visas for India and China in 1999, perhaps, there might not be an any provision to recapture 100,000 visas in AC21 act in 2000 and ROW probabaly might have not enjoyed about 80 to 100,000 EB3 visas in 2005. (Out of 147,000 EB3 visas issued in 2005 India consumed only 23,000). ROW only enjoyed most of the AC21 numbers.





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  • chintanop
    07-04 03:27 AM
    Thanks for your diggs. If you go and check the Upcoming stories tab - it has made it to the top in "Hot in All Topics" list...

    keep digging....

    dugg all 3 too



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  • snram4
    01-22 05:48 PM
    That is always one of the option for me. You do not need to tell that. Similarly everyone has the same choice. If some thing does not work out in USA anyone can find an excellent opportunity in India. Not just, if anyone like to go to India they can go anytime. No need to worry about GC or H1b issues

    Then please pack your bags and leave the country in the next flight.





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  • soma
    02-15 08:30 AM
    Very well said & I just feel the same...I have already lost hope on this GC and can not predict how long its going to take but for sure before I leave this place and go back to home country I will contribute my best of share in this fight for justice and full support...count me in with out any doubt!!

    If at all anything would work for recapturing of visas, its going to be lawsuit. There are already 155 ppl supporting lawsuit and saw ppl in are also thinking of lawsuit. I am sure there will be many more to support lawsuit. If we don't try for recapturing of visa nos, India EB2 ppl will be stuck forever, even for ppl with earlier PDs (2001-2003) it won't be before 2010 or 2011 that they would get their GC.

    I am a CP case(EB2 india, PD dec 2002, my case is stuck in mumbai consulate), so maybe I can't be a petitioner in the case, but beyond that in regards of monetary support, helping in research etc, count me in.



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  • ebizash
    07-21 12:17 PM
    I hate their scheming means to rope you in. They keep calling you and bug you to death. Is there anything that you could do to repel Amway desis? Any sprays, creams, poison?

    If you want to be gentle - You can say that you have done it in the past and quit...
    If you want to scare them - you can also add I quit because I got an audit from IRS and USCIS as it is illegal on non-immigrant visa....that will scare the hell outta them...





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  • jkays94
    05-10 12:41 AM
    Some of the posts here about Canada are nonsensical and based on pure myth. If one can't make it in Canada then one cannot make it in any other G8 country other than the US (where things are relatively easy) and their home country.

    Many top US companies are expanding operations to Canada. Its begs the question of why they would do that if the US already exists and there is "nothing" in Canada. Why would someone subject themselves to an indefinite lifetime of indentured servitude and unease over some green card which with the ever worsening circumstances of the US economy does not have bright prospects considering it might take 5 to 10 years to get a GC? The US dollar continues to drop in value day by day yet some do not ask themselves why it is doing so. Even the Canadian dollar has made some of its highest gains against the US dollar recently. China continues to lend the US billions of dollars to an economy which is severely indebted that it is inevitable taxes will have to go up significantly in the next couple of years. US gas prices are predicted to hit $4 a gallon this summer. The truth is that the US too has major problems but some are quick to attack other countries without all the taking into consideration the glaring and gloomy outlook on the future of the US.

    For others it is not entirely about the money but the peace of mind one has. One cannot equate the value of freedom to money which is what a Canadian PR affords one who comes into the country not to mention the opportunities. Those aimlessly attacking Canada and making ridiculous claims about the same, probably have never been to or lived in Canada before. If you have the right experience, qualifications and are well spoken there will not be an issue getting a well paying job in Canada.

    The following are just some excerpts from the CIA world fact book, which by the way is a US government agency which pulls no punches :

    As an affluent, high-tech industrial society in the trillion-dollar class, Canada resembles the US in its market-oriented economic system, pattern of production, and affluent living standards.

    Given its great natural resources, skilled labor force, and modern capital plant, Canada enjoys solid economic prospects. Top-notch fiscal management has produced consecutive balanced budgets since 1997

    Exports account for roughly a third of GDP. Canada enjoys a substantial trade surplus with its principal trading partner, the US, which absorbs about 85% of Canadian exports. Canada is the US' largest foreign supplier of energy, including oil, gas, uranium, and electric power.



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  • eb3retro
    07-27 08:55 AM
    hang on, I have heard these words somewhere? Let me think which walmart / indian temple? This thread really bothers you guys eh??

    I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)

    Just to add another dimention to this thread I will play the devil's advocate :D

    Here I go ...

    You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.

    What's your response ?

    :D:D:D:D

    When did talking to strangers a crime. If you dont like you can always say no :-) . If you are as ambitious as us come join us and make millions by 40. Otherwise live your fixed income lives .

    I wont be offended as I am not with Amway/Quixtar I am just posting on behalf of them for fun :-)





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  • sunny1000
    12-13 03:30 PM
    The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
    As lazycis pointed out, SC seems to uphold the current situation.

    I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.

    To change the law, we as IV are lobbying and meeting lawmakers already.

    Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.

    You are right. The courts have long taken a position wherein they give a lot leeway to the Congress and the Executive when it comes to Foreign policy and immigration definitely falls under foreign policy.



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  • eb3_nepa
    10-24 01:18 PM
    This discussion was started by EXACTLY like a "HOWSTUFFWORKS" quesion. Unforutunately it has ballooned into a "Ethics" question!!





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  • bigboy007
    02-13 12:04 PM
    Going into Lawsuit will not do a penny for our fate. I heard the same that Khanna lost the lawsuit > but in our case even the settlement i dont think will arise. Better do what we are doing , lets find success in what we are doing right now and spend that money in support of letter campaign . Lets evaluate the results once we are done through this process. Please be noted , that when AILA wanted to Sue to USCIS there has been lot of discussion on who could come out of shadows also since money was given out by AILA some ppl came forward i bet if its a million dollar ppl wont reach that mark.

    And look at repurcussions before doing that , as ppl have already mentioned no GOVT sources will talk to us . Remember the way ppl could file EAD's was not due to AILA threatening. I dont see a basis for the case first of all , Just it caused mental tension ppl due to laziness of agency you can sue USCIS ? Then every person ever dealt with USCIS should sue them right ? COme on guys. Some ppl might jump on me but think of these issues Just saying i am up for 100$ or 200$ is not sufficient enough for Law Suit.

    I am not saying whether we should or shouldnt do Lawsuit but we need to have options carefully evaluated , all funds ready assuming its gonna go for 2 years and we have ppl whom we can bank on for those 2 years and we should stil continue IV what we are doing and IV shouldnt file this lawsuit.

    Even I am ready to put in $ 25 for the first consultation with Rajiv khanna or any other Lawyer IV core wants to go with. And if IV plans to go ahead with class action lawsuit as per requirement will raise my monetary commitment. please PM me if IV core plans to go ahead.



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  • ss1026
    04-20 11:23 AM
    I applied for a labor substitution in 2003. The old labor had a master degree given out in may of 1999 and I had mine in august of 1999. I went and applied for it but the substitution was rejected after about 2 years. I wasted more than 5K and about 2 years. It is too much of a risk but give it a shot if it worth the risk for you





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  • _TrueFacts
    09-04 01:43 PM
    May he rest in peace...

    Shree..don't worry God will give him due treatment..





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  • Subst_labor
    03-17 11:07 PM
    Please do not use offensive language. Despite our disagreements we must be mature in our language. I request you to please edit your post. Moderators please delete any offensive posts on the thread since this issue will ruffle some feathers of people who are buying labor substitution. Nobody will own on the forum, because they know majority will oppose them.
    There was one more person beciskillingme and he used to preach morality on this forum and how people need to be respectful and polite. I caught him redhanded in one his posts about labor substitution and he ran away from the forum. Now he is preaching somewhere else. I will highlight this issue more and more for awareness because it is hurting all of us. It is also encouraging exploitation by employers and this cancer needs to be stopped asap.

    well if you feel offended, i am ready to offer my apologies. are you ready to take back your baseless accusations-that got me started up in the first place.





    pathiren
    09-28 08:46 PM
    Thanks for the response in advance.

    The question is:
    1) Can a husband (on H1) own a business and sponsor (H1 and greencard) his wife to work for the same business?
    2) Can an Indian company start LLC or any other kind of firm and own a business and sponsor someone- more specifically my dad (a major stake holder in Indian company) and this indian company starts some kind of LLC or inc (whichever is feasible) and sponsor my wife for H1 and greencard?

    I know its kind of confusing, but would appreciate if you can try and explore this.

    Thanks a lot!





    ita
    04-16 12:23 PM
    People's idea about patriotism is different.Like some folks
    Spend hours drinking in the wake of Mumbai attacks
    Say they would go back to India to fight if rumors about the war between India and Pak post Mumbai attacks is true.
    So patriotic so much so that when IV avtar feature is introduced they even upload a soldier's picture albeit for few min.
    When it comes to PM of India they would want western breed like Nostradamus kind Simon,Sweet voiced Susan or half Indian Saino.
    Can we call them unpatriotic ?NO!! .That's their patriotism what if it is a bit different in style.(No I didn't spend time digging into anyon'es old posts.Just when someon'esr patriotism seemes interestingly interesting we get to remember some things)

    Then moving to IQ:

    Some people have such high IQ that they go into the mind of the anonymous members on a forum and find out that these members think they are political strategists ,just that they did a bad job at reading the mind.(None of the members that posted in this thread said they think they are political strategists if anything they repeatedly said that they are sharing what they know.But you know this IQ thing when it's on High it does strange things.)

    Facts in politics (in general) and Indian politics in specific are intricately bonded and it's not much possible to state a new fact without stating already mentioned fact(as proof)
    For major part of 60 years in Indian political scenario we are repeating the same family to hold top most position,we are repeating same mistakes, what's mere repetition of few facts on a forum.

    ( Though no one asked me directly) As always if I think I have to say something I will continue to do so.I'm not even wee bit interested in getting into personal attacks with anonymous members on an anonymous forum That's not why I come here.Also I have nothing against anyone.If I like someone's post I won't hold back my appreciation just because they didn't like my posts.

    Now I hope they don't have a problem with the length of my post :)



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