walking_dude
02-13 11:13 AM
This theory that 'AILA/AILF lawsuit threat overturned July VB' is out of touch with the reality. Threatening lawsuit was bad for AILA. They were not involved in the discussions that finaly resulted in reversal. IV was a participant but AILA was not.
We shouldn't repeat their mistake. The moment IV files a lawsuit, USCIS will stop discussing with us. We will be off the discussion table. Only place they'll talk to us will be in the courtroom. We also shouldn't forget the pressure applied by Congresswoman Zoe Lofgren on USCIS and DOS. She was ready to wash their dirty linen in public. No doubt, she was influenced by rally in San Jose - which happens to be her constituency.
3 year EAD/AP, AC21 interpretation are rules that USCIS makes, there's no way a judge can dictate what rules a government department should make. You wrote "there is nothign to lose but a lot to win" . Like someone pointed out we won't even be recovering 10k -20k spent on it, even if we win. We'll be getting into a case which has no chances or very slim chances of winning.
If we lose the case, there's no going back to discussions with USCIS. They won't be entertaining us after we sued them. It's a grave risk you should understand. I feel tired at having to explain it the Nth time to some of you who still consider AILA as a messiah. Nothing happens because of just one factor. It's a combination of several factors that ultimately produces results. There are no silver bullets that fix every problem. Its the reality.
it is the threat of a massive lwsuit from immigration lawyers association that made uscis backtrack and open up july 2 filing..we are all benefeciaries of that.
itz not our flowers or the rally that did the trick it is the threat of lawsuit.
if we consult lawyers we can check if we have a case and on what grounds. even f not anything else we may win on things like 3 yr AP relaxed ac21 rules etc. these are operational policies and dont need congress. USCIS can change these rules.
there is nothign to lose but a lot to win.
we can even appeal on the grounds that USCIS policies led us in to a bonded labor situation unable to change employer , foregone career choices and income potential..etc.. this violates the concept of free will and just labor practices. Many rules in AC21 and AP still try to tie us down to the employer who has already enjoyed > 5 years of our hardwork.
We shouldn't repeat their mistake. The moment IV files a lawsuit, USCIS will stop discussing with us. We will be off the discussion table. Only place they'll talk to us will be in the courtroom. We also shouldn't forget the pressure applied by Congresswoman Zoe Lofgren on USCIS and DOS. She was ready to wash their dirty linen in public. No doubt, she was influenced by rally in San Jose - which happens to be her constituency.
3 year EAD/AP, AC21 interpretation are rules that USCIS makes, there's no way a judge can dictate what rules a government department should make. You wrote "there is nothign to lose but a lot to win" . Like someone pointed out we won't even be recovering 10k -20k spent on it, even if we win. We'll be getting into a case which has no chances or very slim chances of winning.
If we lose the case, there's no going back to discussions with USCIS. They won't be entertaining us after we sued them. It's a grave risk you should understand. I feel tired at having to explain it the Nth time to some of you who still consider AILA as a messiah. Nothing happens because of just one factor. It's a combination of several factors that ultimately produces results. There are no silver bullets that fix every problem. Its the reality.
it is the threat of a massive lwsuit from immigration lawyers association that made uscis backtrack and open up july 2 filing..we are all benefeciaries of that.
itz not our flowers or the rally that did the trick it is the threat of lawsuit.
if we consult lawyers we can check if we have a case and on what grounds. even f not anything else we may win on things like 3 yr AP relaxed ac21 rules etc. these are operational policies and dont need congress. USCIS can change these rules.
there is nothign to lose but a lot to win.
we can even appeal on the grounds that USCIS policies led us in to a bonded labor situation unable to change employer , foregone career choices and income potential..etc.. this violates the concept of free will and just labor practices. Many rules in AC21 and AP still try to tie us down to the employer who has already enjoyed > 5 years of our hardwork.
wallpaper British actor Orlando Bloom,
InTheMoment
09-25 06:22 PM
I think you have summarized pre-adjudication quite well.
Also note that pre-adjudication is not a very recent phenomenon USCIS service centers especially NSC has been doing it since late 2005!
Also note that pre-adjudication is not a very recent phenomenon USCIS service centers especially NSC has been doing it since late 2005!
nixstor
07-03 09:24 PM
I am trying an outline for sending to media + lawmakers + ...
The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.
What happened
USCIS announced at the time the forms were due.
Applicants started filling forms 2-3 weeks before July 2.
Applicants changed their schedules to submit forms.
Advantages of EAD + AP
Don't know all!
Travel without visa -> saves Embassy overhead.
Spouse can work.
Can switch job.
Why does it hurt
Medical will not be valid after 1 year.
Fees more then doubling
Name checking (which can take 1+ year) done in parallel with waiting for GC #.
Load balancing for USCIS.
USCIS which is supported 90% by application fee needs to care for applicants.
Very little chance of legislative relief for a looong time.
Excellent,
I am planning to come up with a format for calling key senators and congress men on Thursday morning. Lets do this. Mean while please keep digging and blogging.
The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.
What happened
USCIS announced at the time the forms were due.
Applicants started filling forms 2-3 weeks before July 2.
Applicants changed their schedules to submit forms.
Advantages of EAD + AP
Don't know all!
Travel without visa -> saves Embassy overhead.
Spouse can work.
Can switch job.
Why does it hurt
Medical will not be valid after 1 year.
Fees more then doubling
Name checking (which can take 1+ year) done in parallel with waiting for GC #.
Load balancing for USCIS.
USCIS which is supported 90% by application fee needs to care for applicants.
Very little chance of legislative relief for a looong time.
Excellent,
I am planning to come up with a format for calling key senators and congress men on Thursday morning. Lets do this. Mean while please keep digging and blogging.
2011 Yummylicious Orlando Bloom was
ArkBird
07-26 06:51 PM
Here is one potential answer...
Yes, you will retire at 40 because no self-respecting person will come near you let alone hire you so I guess you will have to retire and that $xxxx/per month, please feel free to replace it with disability (of course mental!) benefits from your state! ;)
ArkBird
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
Yes, you will retire at 40 because no self-respecting person will come near you let alone hire you so I guess you will have to retire and that $xxxx/per month, please feel free to replace it with disability (of course mental!) benefits from your state! ;)
ArkBird
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
more...
kondur_007
07-22 02:22 PM
kondur_007, u know how to make us laughing in a stiuation like this. your post at the end makes me keep laughing.:D
Thank you very much...but somehow, I woke up sarcastic today!!! i hope i did not offend anyone...else I will get some REDS...:mad::mad::mad:
Just joking again....:p
Thank you very much...but somehow, I woke up sarcastic today!!! i hope i did not offend anyone...else I will get some REDS...:mad::mad::mad:
Just joking again....:p
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!!
more...
irock
09-24 04:35 PM
I support this and sent emails yesterday.
2010 Well played, young Bloom.
vdlrao
07-24 09:20 PM
The July 2008 Visa Bulletin has said Exactly the same, but in different words, what I have been saying for the past few months about the EB2-India and EB3-India Movements.
EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to EB2 India,because the spill overs will be alloted based on the priority of old PD(Priority Date). By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is it touch 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.
For all Eb3s along with EB2s with PD after April 2005, the movement in the coming visa bulletins wont be much encoraging unless the new Obama government does something significant about employent based category or immigrationvoice does a fruitful lobbying. The doings of something by obama government to employment based category is not in our hands. The only thing we could do is to help IV and help ourrselves by contributing to it to reach its financial target for better lobbying. Or else wait for the Visa Bulletin every month with great hopes, sorry dreams, for your PD to become current, and satisfy with your EADs for years ahead.
Please find the earlier post about Eb2 India and EB3 India movement on Jun 10th 2008 and the comments of our members.
http://immigrationvoice.org/forum/showthread.php?t=4285&highlight=vdlrao&page=102
EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to EB2 India,because the spill overs will be alloted based on the priority of old PD(Priority Date). By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is it touch 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.
For all Eb3s along with EB2s with PD after April 2005, the movement in the coming visa bulletins wont be much encoraging unless the new Obama government does something significant about employent based category or immigrationvoice does a fruitful lobbying. The doings of something by obama government to employment based category is not in our hands. The only thing we could do is to help IV and help ourrselves by contributing to it to reach its financial target for better lobbying. Or else wait for the Visa Bulletin every month with great hopes, sorry dreams, for your PD to become current, and satisfy with your EADs for years ahead.
Please find the earlier post about Eb2 India and EB3 India movement on Jun 10th 2008 and the comments of our members.
http://immigrationvoice.org/forum/showthread.php?t=4285&highlight=vdlrao&page=102
more...
royus77
06-28 05:16 PM
the cycle for visa exhaustion has to happen before USCIS triggers action....its just not how many applications showed up on their door...
Its all theory ...Do you have any explanation why they rejected for the " Other workers" in june period
Its all theory ...Do you have any explanation why they rejected for the " Other workers" in june period
hair In my quest to find Orlando
pady
07-24 12:23 PM
I had a Infopass apt this morning. My PD is Jul 2005 (Eb2-I) , 140 approved 18 months ago. The IO told me this morning that my Namecheck is cleared. How long do you guys think i get the approval?
more...
maddipati1
10-02 03:27 PM
im surprises why this is not already a part of this proposal!
its a simple logic to include those who already bought a house.
great idea nixtor.
aps, no one keeps their money in bank as cash. everyone must have invested somewhere else. they should bring it back. thats the idea here. if u don't like the idea why not you keep out of this.
Current homeowners who are waiting for their GC MUST also be exempted from cap. This clause has to be there. Without having any gurantee of getting GC these folks have invested their savings in buying home even when the prices were high, WHY because they had real intent of making US their permanent home. So these people should too be exempted from EB cap.
its a simple logic to include those who already bought a house.
great idea nixtor.
aps, no one keeps their money in bank as cash. everyone must have invested somewhere else. they should bring it back. thats the idea here. if u don't like the idea why not you keep out of this.
Current homeowners who are waiting for their GC MUST also be exempted from cap. This clause has to be there. Without having any gurantee of getting GC these folks have invested their savings in buying home even when the prices were high, WHY because they had real intent of making US their permanent home. So these people should too be exempted from EB cap.
hot better with the long hair
GCwaitforever
02-14 03:01 PM
Is there anybody in the 'YES' voters in Washinton DC (or near by) who could go and talk to Rajiv Khanna? If not, let us close this thread.
more...
house forget the 70s hair. 6.
jsb
05-29 01:55 PM
Ok, the guy that sets the dates says that he sees no possibility of dates moving forward for EB India and ppl are still thinking there is hope? I am an optimist and try to see the brighter side - and that side here is that we know there is no hope for those past 2005 in the next two years. That to me is sufficient to make decisions and move on. Be it changing to a different job or going back to the home country - most probably the former for me.
Folks, we all agree the news delivered is not good. One good way to work en mass is to send complaints in thousands to the Ombudsman. For more details google for CIS Ombudsman.
Further, if any one is considering to get back home, keep in mind that if you don't contribute to SSA for 10 yrs, your and your employers' contributions are simply lost (with some exceptions for countries with which US has an agreement). To collect SSA at 65 for India/China citizens you need not to be a GC holder. You can collect living in your country. If you are close to 10 yrs, just reach that mark before you make any decisions.
Folks, we all agree the news delivered is not good. One good way to work en mass is to send complaints in thousands to the Ombudsman. For more details google for CIS Ombudsman.
Further, if any one is considering to get back home, keep in mind that if you don't contribute to SSA for 10 yrs, your and your employers' contributions are simply lost (with some exceptions for countries with which US has an agreement). To collect SSA at 65 for India/China citizens you need not to be a GC holder. You can collect living in your country. If you are close to 10 yrs, just reach that mark before you make any decisions.
tattoo Orlando Bloom Pictures
a1b2c3
06-01 02:12 PM
Guys,
I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.
We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.
I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.
To the US, this is what I got to say:
=======================
If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.
To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.
Best wishes to you and sorry to hear this. I thought everyone was entitled to SSN after 10 years of work in the US.
Do you need to have a green card before you qualifiy to get your SSN back?
I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.
We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.
I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.
To the US, this is what I got to say:
=======================
If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.
To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.
Best wishes to you and sorry to hear this. I thought everyone was entitled to SSN after 10 years of work in the US.
Do you need to have a green card before you qualifiy to get your SSN back?
more...
pictures Mod The Sims - Orlando Bloom
bitu72
11-15 04:58 PM
Hi all,
i have applied on oct 15th , i have got a file number very quickly.
seems like they encashed my draft on 10/25.
so is my date going to be considered be 10/25.
i got a letter stating your letter is in priority queue and we would contact you.
when do they contact genrally. lany idea about next steps.
thanks
i have applied on oct 15th , i have got a file number very quickly.
seems like they encashed my draft on 10/25.
so is my date going to be considered be 10/25.
i got a letter stating your letter is in priority queue and we would contact you.
when do they contact genrally. lany idea about next steps.
thanks
dresses Orlando Bloom pic:getty
mirage
04-01 12:17 PM
I haven't seen anything more laughable than this for quiet some time...BTW do you think by chanting "Green Card" 100 times a day will get you green card or Not talking about India will get it, should we stop talking to people about India here & stop going to India and stop making calls to India since we are focussing on Green Cards ? If you don't want to be a part of discussion ignore it, be it on top or bottom of the threads. I meet people who have been living in this country for past 40 years and still today, all that they discuss is 'India', how do you expect us, who are Indians, Not discuss India ?
You Idiot,
When you keep updating this thread it keeps coming on top.
I ignored it for a few days and finally clicked to see what the Fuck is going on here.
Now it seems even moderators are joining this madness.
If infighting keeps continuing on this forum and you keep discussing non-immigration related topics here, you will never get your green card. FOCUS!
It is strange that you all want green card so that you live in USA but pretend to be SOOOOOOOOOOOOOOO concerned about Prime Minister of India and then start blaming each other..
No wonder NumbersUSA etc are succeding..
Pappu,
Please remove my profile and user ID from the system. I can't be part of these morons. I shall get my GC when I shall have to get it. I am not here to discuss non-GC related issues. There are many more forums to do that.
You Idiot,
When you keep updating this thread it keeps coming on top.
I ignored it for a few days and finally clicked to see what the Fuck is going on here.
Now it seems even moderators are joining this madness.
If infighting keeps continuing on this forum and you keep discussing non-immigration related topics here, you will never get your green card. FOCUS!
It is strange that you all want green card so that you live in USA but pretend to be SOOOOOOOOOOOOOOO concerned about Prime Minister of India and then start blaming each other..
No wonder NumbersUSA etc are succeding..
Pappu,
Please remove my profile and user ID from the system. I can't be part of these morons. I shall get my GC when I shall have to get it. I am not here to discuss non-GC related issues. There are many more forums to do that.
more...
makeup Orlando Bloom was born on
Jerrome
09-24 05:40 PM
Scenario 1:
Assumptions on Visa Usage by EB1 + EB2 ROW
1) About the Volume of EB1+ ROW for this year
(Pending + 2010) Total GC Spill over
EB1 ALL 4050 + 4050 8100 21995
EB2 ROW 7871 + 7871 15742 10492 (Total of 32487)
2) This data is as of August 25 2009, So in the months of September and October approval for India and China assume overall 3000+2000 = 5000
3) I have not considered EB4+EB5 spill over because that would be a bonus and would result in 2-3 months variation.
4) Spill over is 50% between China and India
China would get (16223 spill over + 2387 regular), so china would become current
India would get (16223 spilover+2387 regular), so India would move to March 06
5) Let us say 3000 are un-approvable so they will move to June 06
Scenario 2:
If the volume of EB1+ROW for this year is 50% of pending then it would result of additional 6000 visas, India would move additional 6 months to December 2006.
Scenario 3:
If the volume of EB1+ROW for this year is 25% of pending then it would result of additional 9000 visas, India would move additional 6 months to May 2007.
I don�t think in any case they won�t move beyond May 2007 for EB2 India as they would not want to add more cases to the Backlog.
In my gut feel I think Scenario 1 has 60% possibility, 2 has 30% possibility and 3 has 10% possibility/
Assumptions on Visa Usage by EB1 + EB2 ROW
1) About the Volume of EB1+ ROW for this year
(Pending + 2010) Total GC Spill over
EB1 ALL 4050 + 4050 8100 21995
EB2 ROW 7871 + 7871 15742 10492 (Total of 32487)
2) This data is as of August 25 2009, So in the months of September and October approval for India and China assume overall 3000+2000 = 5000
3) I have not considered EB4+EB5 spill over because that would be a bonus and would result in 2-3 months variation.
4) Spill over is 50% between China and India
China would get (16223 spill over + 2387 regular), so china would become current
India would get (16223 spilover+2387 regular), so India would move to March 06
5) Let us say 3000 are un-approvable so they will move to June 06
Scenario 2:
If the volume of EB1+ROW for this year is 50% of pending then it would result of additional 6000 visas, India would move additional 6 months to December 2006.
Scenario 3:
If the volume of EB1+ROW for this year is 25% of pending then it would result of additional 9000 visas, India would move additional 6 months to May 2007.
I don�t think in any case they won�t move beyond May 2007 for EB2 India as they would not want to add more cases to the Backlog.
In my gut feel I think Scenario 1 has 60% possibility, 2 has 30% possibility and 3 has 10% possibility/
girlfriend Orlando#39;s Movie Looks: Vote
neocor
01-09 01:33 PM
I just got to this site via from immigration portal.
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
hairstyles Orlando#39;s involvement
chi_shark
09-23 01:10 PM
this summary of the crisis is wrong... in fact *this* is unfair to ply people with
incorrect versions of news... nearing to lies... if intentional... the lack of liquidity stems from the fact that subprime borrowers are finding it hard to keep payments going after their payments reset on ARMs. CDOs that were based on mortgages were rated highly by rating agencies based on precedent of earlier years started losing buyers because payments were not coming through (ie default) and that led to lack of buyers and then there was a general exit from the CDO market... investment banks (like lehman) are allowed by fed regulators to classify certain assets as investments and hence not re-evaluate value them (or mark them to market) every once in a while... however, in light of actual default on some assets and ensuing lack of market interest, they started writing down asset values... thats when they collapsed... there was no way people would have come back in 30 years to buy an asset for which the underlying payments had already stopped...
hope this sets the facts straight or at least gives a different point of view for people to chew on.
The 700Bn or whatever the final number is not entirely a drain.....
the thing with all these exotic securities is not that they are completely worthless but that there is no market for these right now and hence are illiquid - so if someone had the ability to keep these securities for a long term (say 30 years - since most mortgages are for 30 years) on their balance sheet - they may not lose as much money as they would if they tried to liquidate these investments in the short term.
Financial Institutions typically borrow short term to invest in long term investments and keep renewing the short term borrowings - since the underlying investment has become illiquid - it has become difficult to raise financing against it. the govt, howver, can take a long term view and be patient....who knows.....in the end - the Govt may actually come out with positive cash flow at the end of all this mess. So, the bail-out plan may not be as bad an idea as media is portraying it to be.........in short-term - it does take US into further indebtedness.
I already have a GC - so this debate does not impact me personally - but this is against the basic principals of natural justice.......GC applicants were placed into certain EB categories based on job descriptions and qualifications and then within queues assigned priority dates based on certain logic and are currently being approved based on PD and country quotas..........all these rules were known and published prior to companies and people applying for these GCs.....
No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......
keep the red dots coming folks!
incorrect versions of news... nearing to lies... if intentional... the lack of liquidity stems from the fact that subprime borrowers are finding it hard to keep payments going after their payments reset on ARMs. CDOs that were based on mortgages were rated highly by rating agencies based on precedent of earlier years started losing buyers because payments were not coming through (ie default) and that led to lack of buyers and then there was a general exit from the CDO market... investment banks (like lehman) are allowed by fed regulators to classify certain assets as investments and hence not re-evaluate value them (or mark them to market) every once in a while... however, in light of actual default on some assets and ensuing lack of market interest, they started writing down asset values... thats when they collapsed... there was no way people would have come back in 30 years to buy an asset for which the underlying payments had already stopped...
hope this sets the facts straight or at least gives a different point of view for people to chew on.
The 700Bn or whatever the final number is not entirely a drain.....
the thing with all these exotic securities is not that they are completely worthless but that there is no market for these right now and hence are illiquid - so if someone had the ability to keep these securities for a long term (say 30 years - since most mortgages are for 30 years) on their balance sheet - they may not lose as much money as they would if they tried to liquidate these investments in the short term.
Financial Institutions typically borrow short term to invest in long term investments and keep renewing the short term borrowings - since the underlying investment has become illiquid - it has become difficult to raise financing against it. the govt, howver, can take a long term view and be patient....who knows.....in the end - the Govt may actually come out with positive cash flow at the end of all this mess. So, the bail-out plan may not be as bad an idea as media is portraying it to be.........in short-term - it does take US into further indebtedness.
I already have a GC - so this debate does not impact me personally - but this is against the basic principals of natural justice.......GC applicants were placed into certain EB categories based on job descriptions and qualifications and then within queues assigned priority dates based on certain logic and are currently being approved based on PD and country quotas..........all these rules were known and published prior to companies and people applying for these GCs.....
No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......
keep the red dots coming folks!
mihird
10-09 03:56 PM
There is the freedom to change jobs and apply for a new TN each time. There is no 6 year or any sort of time cap - TN can be renewed indefinitely..a TN only costs $50 to renew for each year and can be filed without an attorney by mail. No need to physcially go anywhere.
Drawbacks.
1. Spouses/Dependents get TD which is as restrictive as H4
2. There is a fixed list of professions and minimum education qualifications that you/your intended employment HAVE to satisfy to qualify for a TN. Experience cannot be used to substitute lack of education..
Hope that was informative...
Drawbacks.
1. Spouses/Dependents get TD which is as restrictive as H4
2. There is a fixed list of professions and minimum education qualifications that you/your intended employment HAVE to satisfy to qualify for a TN. Experience cannot be used to substitute lack of education..
Hope that was informative...
dan19
05-09 02:38 PM
1. Birth certificates: They are asking for the Birth Certificates with the application. I and my wife don't have our birth registered in India. Can we provide birth certificates that the Indian embassy sends for this purpose? For US I-485, we were planning to use Non-availability certificates.
>> Canada Accepts Birth Certificates from the embassy.
2. Experience Letter: Will a notarized letter from colleague work for showing work-exp in India. Please note that I already have over 4 yrs of experience in US after that - for which I will manage to get a work exp letter from my company.
>>4 yrs in US should be sufficient. You can just put those 4 yrs of exp in the work exp. sheet they provide. Just ignore the others, else be prepared to answer any queries about it like paystubs, offer letter etc.
3. Status in US: My H1B is valid until Oct 2009, but I don't have the visa stamped on my passport (last H1B visa stamp expired). Can I send a copy of I-797 to prove my status? Also, my wife's F-1 visa has expired but she has a valid I-20 until Dec 2007. Can I send copy of I-20 for proving her valid status in US?
>>You don't need a passport stamp
* I am providing these answers based on my experience. I got my Canadian PR. But please cross-check.
>> Canada Accepts Birth Certificates from the embassy.
2. Experience Letter: Will a notarized letter from colleague work for showing work-exp in India. Please note that I already have over 4 yrs of experience in US after that - for which I will manage to get a work exp letter from my company.
>>4 yrs in US should be sufficient. You can just put those 4 yrs of exp in the work exp. sheet they provide. Just ignore the others, else be prepared to answer any queries about it like paystubs, offer letter etc.
3. Status in US: My H1B is valid until Oct 2009, but I don't have the visa stamped on my passport (last H1B visa stamp expired). Can I send a copy of I-797 to prove my status? Also, my wife's F-1 visa has expired but she has a valid I-20 until Dec 2007. Can I send copy of I-20 for proving her valid status in US?
>>You don't need a passport stamp
* I am providing these answers based on my experience. I got my Canadian PR. But please cross-check.
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