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  • chintanop
    07-03 06:41 PM
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  • gc_in_30_yrs
    10-03 11:42 AM
    Hi All,

    One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as
    my H1-B transffered to new company.

    I have been hearing the news about LC substitution elimination from DOL.
    Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
    Has they announced any validity period on approved LCs to regularise this process?
    If yes - How is it going to effect my case?

    Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
    Currently I am in my first H1-B and valid till Oct 2007.

    Please need experts advice in this regard.

    Thanks,
    BNR.


    there should not be any problem for you. but it is discouraged to go for labor substitution as it is literally jumping the line. there are so many people waiting for their LC and someone came in line just now taking pd from 2004 or before will definately pisses them off. otherwise, you should be okay to take that one.





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  • rockstart
    02-12 12:50 PM
    Does it mean that till Oct 08 bulletin there is no point to expect anything for India EB2?





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  • lazycis
    12-14 09:39 AM
    The consitutional experts have already expressed their opinion on this.
    http://immigrationvoice.org/forum/showpost.php?p=205587&postcount=17

    There is no higher judicial authority in the US than the Supreme Court. There is a judicial precedent and that settles it. There is no need for more discussion.



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  • snthampi
    08-02 04:32 PM
    intresting 2 anway guys on the forum are always providing negative to my posts taking me to RED, to those giuys you suck, and will always suck! keep roaming in Walmart/Great Malls when u can use hte time to spend it with your family.

    Sure, they are reading this thread silently and will try to develop some new strategy to target their new bakras. There is difference between trying to have a better life for your family and running behind money! These people are just running behind money that doesn't exist, in my opinion.





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  • _TrueFacts
    09-03 11:29 PM
    I never thought CHANDUV23 will do dirty politics. A time will come to show the real color of the people. Do not rejoice when some one who is dead. It can happen to anyone. No guarenty we will see the home land again.

    dealsnet,

    You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?



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  • Jerrome
    05-12 01:33 PM
    Can I ask a question - tangential, maybe, but not by much. Why do Tamils have such a problem assimilating? Why don't they learn the local language and respect the local culture when they immigrate? Their motto seems to be "In Rome, be a Raman".

    And the opposite is true when people speaking other languages settle in Tamil majority areas - they are, dare I say, forced to integrate, because that is the only way one can manage to live on a day-to-day basis. Would Tamils ever allow a non-Tamil minority to gain even a tiny foothold in their areas where the Tamil writ would not run? I doubt it.

    Note that I am a firm believer of learning and respecting the local culture and integration. One does have a 'right' to propagate one's own language and culture, but they lose that right substantially when they emigrate to an alien land - whether it is within the same country or not.

    To extend the logic, when we (mostly people of Indian origin in this group, I would assume) immigrate to the US, while we may try to conserve our heritage in private, we cannot impose it on the locals. That is when you end up creating ill-will against immigrants among the native population. America has been a great melting-pot, and has had great success assimilating great waves of immigrants from various countries including Italy, Ireland, Scandinavia, Germany etc, and the reason it succeeded was that in a couple of generations, there was total integration into the American culture. We owe it to our adopted country to do the same.

    Don't bring this flavor to the discussions. Do you know 25% of population in Tamilnadu are telugu speaking people.

    Previous CM(MGR) was a keralite, MS Jayalailtha is a kanadika, Superstar Rajinikanth is a Kanadika, Mr vijaykanth is a Andhraite.

    It is true that tamilians have high respect for their culture and identity so as everyone in the world. Even now the jews practice their culture and language here, are they getting discriminated for doing that? The problem arises when anyone is discriminated for some reasons.

    Tamils in SL were not emigrated they were there for past 2000 years or so.





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  • AirWaterandGC
    05-11 09:20 AM
    Thanks cableman.
    If anyone has consulted any lawyer or applied for CA PR once it has expired, your inputs would be greatly appreciated.

    Be honest, I don't know the real answers. You should find a lawyer to discuss this. I just share my thoughts. For your first question. I guess you should have no problem to enter Canada as long as your Maple card is still valid. However, I think when you renew your Maple card, you will have problem. For your second question. I think you can't re-apply PR as long as you still have the PR status. I think you may have to wait until your Maple card expires. I don't know the successful rate of re-applying PR. Enough point is one consideration, your intent to stay will be another consideration. I will be surprised if the immigration officer won't question you why you gave up the last PR status. You must prepare a good answer. Let me put in this way. Consider yourself is the immigration officer, will you question the applicant who gave up the status and re-applied again? Last advice. If you want to keep the PR, you should find a good lawyer to discuss the possibility of explaining to Canadian immigration why you need more time to move to Canada.



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  • harikris
    06-03 09:18 PM
    Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.

    Call it interim GC or EAD it does not matter. I don't think we should advocate introducing one more step in an already convoluted process. What if they agree to giving an interim GC with an incremental benefit to what is already available under EAD?





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  • jhaalaa
    01-13 02:49 PM
    When folks transfer to a new employers using AC21 (where AC21 is otherwise valid) -
    0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
    1. OK: for folks where you work directly for the new H1 transfer sponsor.
    2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.

    AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
    _______________________________
    In general, for folks on H1 or those planning to get one -

    A. Folks who work directly for the H1 sponsors are OK.

    B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.

    It does not mean that its all going to be dark for all with no hope.
    Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.


    Best Wishes for all



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  • aranya
    12-14 03:33 PM
    So that interprets to "7% limit for every country" - seems to be "Equality"
    Equal yes but also separate and that did not work very well in the past, did it?





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  • syendu1
    01-14 02:01 PM
    plainspeak,

    i know a thing or two about this eb related immigration. i agree people should not suffer for years together to get a perm. res card, and that too, people who may have been in the line ahead of others.

    however, i dont think it is just not being ahead that creates this spill over thing. unused visas first go to eb1, then to eb2 and then to eb3. i think, that is correct. now, my view about this categorization is that, eb1 -- outstanding people, eb2 -- better qualified, eb 3 -- skilled but not qualified in terms of degree or experience, whatever. (pls understand, i am not degrading eb3 people, i have loads of very close friends in eb3 who are extremely intelligent and i can tell you, can easily compete with the eb2 guz, as far as knowledge etc goes).

    but, there is a reason for this division and just for that reason, visas have to go thru eb2 before eb 3. if that is not the case, they wont put people who go for NIW in eb2, it wud have been in eb 3 or a completely separate category.

    u did mention to someone that u dont want to convert to eb2 or something in those lines, but i believe everyone should try to get to eb 2 (get masters, or after getting the experience), there is nothing wrong in doing so. (if u feel that i shud not be giving u advice, then just ignore the above few lines)

    i believe some of things people pointed out like visa recapture, not counting the dependents etc are the kind of things where IV should focus energies. this is good for all immigrants

    bottomline: i believe it is wrong to distribute remaining visa no.s to eb3 category before servicing eb 2, becoz i thought, the categories were specifically created to prioritize.

    and please, bear in mind, i am not saying this coz i am eb2. i thought logically that was correct. and, i do easily qualify for eb 1 as well. just did not care abt a gc. i dont care abt it even now. my thinking: if it happens, good, if not, i dont care, i can always go back home-jai hind.



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  • needhelp!
    09-23 02:21 PM
    Sending link to TX chapter now.





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  • chi_shark
    09-23 12:44 PM
    call them... they will set you up with a membership to NMFA... costs 20 bux a year... thats it... then apply for mortgage... call them first...

    Can any of us join this credit union? It appears that one needs to satisfy any one of the 6 requirements (being related to US military) to be able to open an account with penfed. Please let us know if otherwise.



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  • chanduv23
    06-26 08:06 PM
    DOS allocates GC numbers to USCIS adjustment cases only as the point of approval is reached. DOS can set/move/retrogress PD based on info provided by USCIS about number of cases at point of approval.
    USCIS is not able to provide a good estimate of this number because

    it can not calculate this number based on USCISs workload, and
    it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.


    The following are from page 35 and beginning of page 36

    The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
    The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
    Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.

    So "At the point of Approval" DOS can actually set/move/retrogress dates. Based on USCIS input. As USCIS is not able to handle this accurately, chances are that at a particular stage USCIS may alert DOS and DOS may retrogress dates - chances are there (though I personally feel this will not happen in July)
    Which means what some of these lawyers are saying is not speculation but a definite possibility.





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  • rkm
    04-28 09:36 PM
    Good News ...

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

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



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  • boreal
    05-29 01:42 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.





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  • lc2004
    09-23 04:22 PM
    the day this becomes law..it would be better for all of us go home, bcos tht means lawmakers are ready to do anything to get some money and they know this country has gone down beyond repair.
    and the day it becomes law..i am sure the situation in this country will be so bad tht most of us wont even have jobs at tht time.





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  • snthampi
    08-02 04:38 PM
    Same here. Let us give green to each other and make us very green. How about that?:)

    I agree and will do.





    abhijitp
    07-04 11:24 AM
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    someone pls tell me how to upload , i have now an .xls file of media contacts, about 931k in size.





    jaithran
    07-17 12:25 PM
    Too many guesses!!! I am a silent watcher here for last 1 or 2 yrs and all your calculations & guesses were proved wrong in the past. Some guys are too positive that they always guess & give some calcuations which seems like you are going to get your GC in 6 months..some are very negative that they always keep crying and always guess & give some calculation which seems like you will only get your GC in 2025. lol to be frank its really funny to see your guesses & calculations. BTW this is not to offend anyone her. Take it easy guys.:D