Monday, July 4, 2011

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  • amoljak
    10-23 03:12 PM
    Thanks eb3India.

    How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?

    I was reading a lot about the controversy about why it should be stopped etc so i was wondering if someone had any documentation on why it was started in the first place and how it works

    Thanks

    The standard process approved by the DOFSY is that they sell 1500 pre-approved labors on E-bay every year. The Auction starts at 13:34 EST on February 7th each year and continues for a day. Once you buy the labors, there is a lobor subs market just like the stock market. People bid and buy labor certs whenever they need it.

    ( :) Take this post lightly )





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  • logiclife
    06-28 04:29 PM
    So, what did your lawyer say? Would sure love to know, once you hear back.

    Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".

    He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).

    So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".

    What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.





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  • nrk
    09-15 04:42 PM
    By seeing numbers, i am seeing a ray of hope with in one year i should hear some good news. Thanks for the R&D of all IV members


    Here are my Estimate of pending EB2 India case for give years

    <=2004 2000
    2005 10000
    2006 13000
    2007(july) 5000
    ==============
    Total 30000
    ==============

    This number is very close to Ron Gocthers number prediction a few months back (minus sept approvals).

    Collaboration on visa quota data/analysis - Page 6 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8419-collaboration-on-visa-quota-data-analysis-6.html)

    Pending as of 15 July 2009 145000
    EB2 50000
    EB3 94000
    EB2India (2.4/3.5 EB2) 35714

    We can use the LCA number and come close these numbers as well

    2005
    EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
    Assuming 20% abandon applicant we get = 5900
    1.2 dependent per applicant give ~ 13000 I-485 applicantions
    Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005

    2006
    India PERM applications = 18000
    EB2 India PERM applications (60%) = 10800
    Assuming 20% abandon applicant we get = 8640
    1.2 dependent per applicant give ~ 19000 I-485 applicantions
    Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 10% cross-charageability we get => pending 13000 pending I-485 application for 2006

    So if we see spillover of more than 30K the date will move beyond July 2007.





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  • leoindiano
    08-16 08:33 AM
    SRK is an idiot guys...

    In his movies, he wears and promotes US brands half the time. In his stupid movies from 1999 and 2005, he wore US flag on his clothes. He got houses in London, Dubai. He presents himself indian because that sells. Dont loose sleep over this issue. He is trying to publicize his upcoming movie. Do you think he is going to stop that?

    I couldnt sleep when Mumbai was burning on CNN. But, why would SRK care about that?

    Salman Khan was very sensible in his comments about the issue. Salman, i will watch your next movie in theater for looking from common man perspective. I will make sure, i will not watch SRK movies in theater anymore.



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  • samay
    08-07 12:34 PM
    Details:

    *Company A has filled for my H1B Cancellation on June 20 but have visa stamped (valid till 2010).
    * Company B has filed for my H1B Transfer.(Have upgraded to Premium processing)
    * Have to enter canada on/before 4th Sept to validate canadian PR (will have to go to canada only for few days).

    Q: Can I re-enter in the US from on a VISA(Valid till 2010) from company A + Approved I-797 from company B?


    Your help will be appreciated!

    Thanks
    Neil

    No you will have to get your visa stamped with the new approval from Company B before reentering the US.





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  • johnmcdonald98
    03-26 06:47 PM
    And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?


    I want to know this too... What's the rough estimate, how long will it take before this will be come LAW?

    thanks,



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  • yabadaba
    07-04 08:52 AM
    I am writing to you to ask for your support is covering one of the news item that seems to have been buried because the people impacted are Americans of the future and are not a vocal constituency.

    Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.

    On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other non-recoverable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.


    In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.

    A COMPLETE REVERSAL OF THEIR EARLIER POLICY THAT HAS 50 YEARS OF PRECEDENT.

    During the immigration debate you covered groups like NumbersUSA that have restrictionist agenda. The rallying cry for all anti immigrants was for people to come legally. We have come here legally but are mired in the bureaucratic road block because no one from the 4th estate holds their feet to the fire.

    Currently, Congresswoman Zoe Lofgren has asked Secretary Rice and Secretary Chertoff for answers. A number of lawyers have claimed this is tantamount to a scandal at USCIS since they have not followed the law. American Immigration Lawyers Association is in the process of filing a class action lawsuit.

    The media is the only voice for us to reach the law makers and the American public. During the comprehensive immigration reform we kept hearing that we need to have a national debate on immigration. We are here. We are suffering. We are waiting. Would not a debate on legal immigrants we a good place to start?

    Links for your research
    http://www.nytimes.com/2007/07/04/us/04visas.html
    http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
    http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html
    http://www.usimmlaw.com/current_information.htm
    http://www.immigrationvoice.com

    Thanks

    Regards

    yabadaba





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  • snathan
    03-30 02:12 PM
    What did you get from this Govt. (any ??)
    What did your home get from this Govt, (any ??)
    What did your City get from this Govt. (any ?/)
    What did your state get from this Govt, (any ??)

    Why do you want this Govt ?.


    Do some research on Nuclear deal and see what it will bring to India in the next couple of decades. And tell me what Mr.Advani brought us when they were in power.



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  • gagbag
    07-03 09:40 PM
    http://www.wesh.com/money/13616272/detail.html


    http://www.edmontonsun.com/News/World/2007/07/03/4308500-sun.html


    http://www.kswo.com/Global/story.asp?S=6740337


    http://www.onelocalnews.com/howelltimesandtranscript/stories/index.php?action=fullnews&id=129492


    http://economictimes.indiatimes.com/US_cap_on_employment-based_visas/articleshow/2170349.cms

    http://www.foxnews.com/wires/2007Jul02/0,4670,ImmigrationGreenCards,00.html





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  • PlainSpeak
    01-13 01:40 PM
    Let me see if I understand PlainSpeak's language:
    1. IV core needs to put a lot of resources to lobby for the DV bill, knowing full well that this bill will go nowhere!

    2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3 (I am EB3, and they have my trust without your logic!)

    3. An exercise to gain trust by misleading!:D

    I wonder why IV core did not come up with this brilliant idea ;)
    Mr willigetgc to start off with here are a few facts

    1. IV core needs to put a lot of resources to lobby for the DV bill
    IV Core need not put a lot of resources to lobby for DV bill if they feel it is not worth the time and effort. that is for IV Core to decide and the decision is theirs to make after all they know about advocacy and lobbying

    1. knowing full well that this bill will go nowhere!
    That is my personal opinion and also the opinion of a whole bunch of people on this forum who do not agree with me but do agrree to teh fact that it has been 4 years since any immigration friendly bill came to be debated in congress. What wil make DV bill any different. This wil also go the same way. I would be surpirsed if it even comes up for debate

    2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3

    My friend willigetgc what do EB3 people have besides hope. If you look at the statistics i will get GC in 19 year sand you with a priority date of May 07 (20 - 25 years). No reason not to hope for something and if IV really believes in what i suggested (I am sure it will go through all possible refinements) that would be a signal of not just hope but also action on part of IV to do something about EB Retrogressed folks. Now i am not saying it will happen and i am also not saying it will. All i am saying is here is a chnace to do something different which is also right because iot is not part of teh IV charter that IV is working to get relief for retrogressed EB

    (I am EB3, and they have my trust without your logic!)
    And what a great thing it is that you being an EB3 with a priority date of 2007 are working with EB2 hand in hand to get something done. It is great that you have trust with IV. Without trust nothing works. What i say is i have trust in IV i do not have trust that what they advocate is good for EB3. Semantics you may say but please read the lines carefully my friend. I hope you will understand



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  • snathan
    01-14 01:47 PM
    My friend works for Deloitte & Touche and they charge $550/hr and he gets $75/hr.. so what? And he is USC.
    Do you know the rates top consulting company charges? they normally starts from $400/hr+ in Accenture, PWC, KPMG, E&Y Etc and their employee's do not get paid more than 20%. Its a practice around the world.

    But the difference here is the LCA says their salary as 55K.





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  • bitu72
    10-18 02:18 PM
    i have sent my application last friday.

    Any idea how many months its taking nowaday for complete process - whatever it is its much better than what we have here.

    i see lot of people with PR.can you guys post some of you thoughts and experience regarding jobs in canada. are u guys getting any offere while staying here.



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  • jatinr
    07-15 06:40 PM
    :confused:My 485 was filed with me as Primary and my wife as derivative in July 2007 with PD of Nov'05 2003. My I-140 is approved
    I have applied EAD/AP through this pending AOS, but neither me nor my wife are using EAD/AP since we are both maintaining H1B status.


    My wife's parallel GC process - I-140 just got in EB2 - PD Jan 2005.
    The Alient no on her application is the same that got assigned due to her pending AOS application .Her PD is current with Aug 2008 bulletine


    Do you think we can file multiple 485 to take advantage of EB2 - jan 2005 PD
    What is the risk?

    OR
    just send a letter asking USCIS to consider her approved I-140 for processing the pending AOS applications instead of mine.
    Will USCIS do that.





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  • newtoearth
    05-03 01:51 AM
    ...



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  • Lasantha
    02-15 01:41 PM
    You are welcome Dyana. Also if you search this forum, you might be able to find lots of threads on filing 485, doing medicals etc from last June/July/August. These topics were beaten to death on this forum last year when a whole bunch of us filed 485. Good luck!

    Thank U all for your quick answers&good advice.It feels good to know I have new friends who can help me with my questions.
    About the cheques u're right, that's how we have done it. Separate personnal cheques for each of us, easy to track online.
    Hopefully we are not out-of-status and my husband's employer is not on th black list.
    How couldn't I figure it out by myself what IV means????Shame,shame...





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  • Macaca
    07-04 12:05 PM
    Cost = 800 (Medical for 2 persons- Average) + 1000 (attorney fees- doesn't matter who pays- company or you) + 30 (photos) + 100( Postage) + 100(others)

    Total = 2000 average . I am not adding application fess since USCIS will send it back if they don't process the application.

    Out of 2000 - Medical is only valid for 1 year. In most of cases you will have to pay attorney again. All you can use is photos. I will say everybody atleast lost 1800 ( This is very minimum - also doesn't matter who pays- company or you).

    So lets say everybody lost 1800. Now depend how many people were ready to file the application..
    Photos are valid for fixed time!
    Application Fee : Main Applicant : $375.00 (Application Fee) + $70.00 (Finger Print) + $50.00 (Fedex) + Medical Exam ($250.00) + Photos ($40.00) + Lawer Fee ($1500.00) and if we have any dependent same thing except Application fee and Lawer fess ($325.00 (Application Fee) + 500$ Lawer Fee)

    All Togther : $2285.00 and calling here and there almost $2500.00 Per Person .... any other information please ask us........ thanks
    My attorney mentioned $745 application fee. I don't have the break up. May be it included EAD and AP fee also!

    So I have the following break up

    Primary Applicant

    Application Fee

    I-765 (Application for Employment Authorization) $180
    I-485 (Application for Adjustment of Status to register as Permanent Resident)
    ($225 for applicaiton below 14 and over 80 (Should check on this)) $ 325
    I-131 (Application for Advance Parole / Travel Document) $170 -
    Biometric Recording Fees (Finger Printing, etc) $70
    Total $745

    Lawyer Fee $1000+
    Others

    Medical $250+
    Pictures $30-40
    Postage $50
    Misc $50

    Total $2125+

    Dependent

    Finger Printing $70
    Others

    Medical $250+
    Pictures $30-40
    Postage $50
    Misc $50

    Days off work


    Total $450+


    We will need good reliable estimate on # dependents!



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  • samay
    07-22 11:41 AM
    Hi Forum,

    I have come to USA last year and was getting paid consistently till May31. Now, on July 2nd new employer (not a desi, but a big company) applied for transfer on premium processing. I'm continuing with my old employer, and they are marketing me, and have all such emails. Just wanted to know whether the paystub will be an issue for transfer? And how soon can I join them, and what is the risk if I join them now, before I wait for response from INS?

    Any response in this regard will be highly appreciated.

    Normally the last two pay stubs are required and it become an issue and you may get a RFE.





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  • GC_SUCK
    07-10 01:39 PM
    I had my candadian immigration last year. And the dead line to land was March 2007.

    I was very confuse at that time about landing in Canada. Then one day my old 2002 PD labor got approved and I filed 485 in March 07. But now my canadian Immigration is expired.

    Even my 485 is filed, I am thinking again to apply fresh application for Canadian Immigration. You never know what will happen to GC. So I will file again by the end of this year for Canadian Immigration.





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  • gc_samba
    07-17 03:23 PM
    Dear Attorney,

    I was hoping you could help or answer this question.

    My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).

    Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.

    So I can work for company A (GC filing employer) full time and at the same time work part time with company B.

    So this way if company A does fire me during probation period I continue with company B on full time basis.

    Is this ok will it come to haunt me when I file for citizenship?

    Thanks

    Dev.





    panini
    05-17 04:28 PM
    Oh Yeah? Says who? You? and made you the boss?

    First fix your profile. You can't be heard if your credibility is under question.





    la6470
    01-15 06:05 PM
    Yes in my opinion also companies like Infosys, TCS, CTS or HCL - all of them have abused the L1/B1 visa program. At least with H1B the benificiary gets a shot at the "american dream". However with L1 visas - it is pure high tech slave labour. The L1 visa holders are dumped in client places all over the USA and they are paid even lower wages than their H1B counterparts and on top of that the L1 visa absolutely prohibits the visa holder from changing employers. The typical lifcycle of a L1 visa holder is to come to USA, learn from their US counterparts, co-ordinate between the US client and the offshore team back in India, save as much money as possible to pay off for the 2 bed room apartment or car back in India and then at the end of six months , beg their employers for a new project in USA. And during all this time they have to keep up a brave face - saying they dont really "like to stay in USA". Talk about "grapes being sour".

    However these companies typically are financially in a much better position and have stronger lobbies than small time desi bodyshoppers sponsoring H1 candidates - so USCIS haven't really got the guts to look into their activities as compared to desi bodyshops.



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