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  • LC2002
    03-19 09:23 PM
    If anyone who is stuck in with labor gets oppurtunity must use it. Even people who are jealous are given this oppurtunity will be first to run with that.

    Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.


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  • gman
    08-03 09:21 PM
    I am EB3-ROW with PD of Feb 2006. My I-140 (filed as systems analyst) is approved and I filed my I4285 in Aug 16, 2007 (RD). I have approved EAD and AP good until Nov 21, 2008. I have been offered a job as Director of Software Development at another company in the same state. Because my I-485 has been pending for over 180 days I'm assuming I should be able to take the job under AC21. The new job seems a natural progression to my career (a promotion of course) but the USCIS has not issued definite guidelines on how to define a "similar" job. What's your advice on this? Should I take the job?


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  • alterego
    12-07 10:38 AM
    no comments so far ? and this thread is still visible ..so I guess either people have given up or no one cares (this is weekend ..so I guess less people online).
    but I will repeat one last time ..if we cannot link housing and immigration ..then I don't see how anything else can help (can someone educate me).
    for eg if we say US is losing talent and brains are leaving ..then I don't think anyone will care especially when economy is down (many natives will be happy I guess).
    lawsuits will not help as USCIS will show that they are following law and/or they are understaffed / underfunded.
    - flower campaigns or writing to USCIS only will only help flower companies / postal department
    flower / letter campaigns help ..but we need a clear plan and lets do brainstorming or atleast show some activity !!
    before someone jumps ..let me clarify that I am not suggesting that immigration will solve the housing problem totally ..but immigrants do constitute a very important segment of buyers.
    - we don't have to suggest increasing immigrant quota ..but only recapture and tell that these people are already in USA ..majority of them will get GC one day or the other ..this will just speed up the process so that people can settle / buy houses faster
    - I don't think u can come up with law saying if u buy house u will get GC ..focus should only be on faster GC and processing ..faster decision is helpful to US too ..as those whose cases will be denied due to law breaking etc ..will be denied sooner.
    and hence no distinction between those who are renting and those who are already owners

    Not only are immigrants an important category of buyers, but the few who took the leap of faith in this country and bought, might actually be forced to sell into a down market and exacerbate to pressure if this mess is not sorted out.
    This current inaction is a dumb policy in many ways IMHO. I hope visa recapture happens soon. If they want to slow down immigration, they ought to do it at the F1/H1b/L1 level/Labor certification. Not at the 485 stage, which is what visa recapture legislation is all about.

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  • amoljak
    10-24 10:17 AM
    Ok got it thanks Amoljak

    So then that is the only way one can SELL you an approved LC?

    Yes... other than some rare outright frauds who make counterfeit LCs etc. But they always get caught, because their scams are so stupid...


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  • logiclife
    02-12 01:17 PM
    I have seen this dog and pony show one too many times. Every year, people think that next year's quota of 140,000 will cause the dates for India and China to go forward in the October Bulletin. October will be the end of misery.

    Each year, in October bulletin, for India/China EB3, the dates are either stagnant or they go back to 1998 or 1999.

    The thing is, as long as there is this per-country quota rationing of green cards, ROW folks will keep moving to the HOV lane and each year, in Oct to Dec timeframe their dates will get current and they will get GCs.

    And each year, the dates for India and China will keep yo-yoing between 1998 and 2002, will never move forward, because if per-country limits are applied to 140,000 greencards, then there is very very little leftover that flows to India/China.

    So without an increase in Quota or without removal of per-country discrimination, nothing is going to happen either in Oct 2008 or Oct 2009 or Oct 2010. It will keep fluctuating between 1998 and 2002. That is the bracket for India and China.

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  • kalyan
    12-13 10:56 AM
    If per Country Laws are removed in issuing Green Cards, then 90% of the employment based Visa's will be given to Indians and that too in the IT Sector.

    Mostly the country will be Indians, chinese, mexicans . The Law makers don't want to colonize America.

    There is a lot of stress that was done in making that decision

    You can challenge this but i would say, you will never win it.

    You can challenge the State but cannot win it.


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  • Kodi
    05-02 01:21 PM
    What ethnic cleansing you're talking about? All tamils are not LTTE but all LTTE members are tamils. So you're saying the gov destroying LTTE is wrong because they're tamils and the gov should not try to liberate the country, they should give LTTE what they're asking for and leave it at that. And what's the guarantee that they're going to end it at that.

    If there's ethnic cleansing or genocide happening in sri lanka how come tamils lead prosperous lives in other parts of the country?

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  • hopefulgc
    09-23 04:12 PM
    or let me be the president of usa if i buy 10 houses.

    Jokes apart.. i think nixtor's idea is worth pursuing.

    why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.


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  • somegchuh
    10-17 02:20 PM
    I wouldn't worry too much about getting a job offer before getting there. In fact I would suggest take your time to relax/look for jobs/business opportunities when you get there. You will be a PR and will have plenty of opportunities if you are not in a field requiring a license. In fact, the best part about being a PR is the doors it opens. Consider whatever interests you and makes good money!
    I know several ppl who have landed in Canada and switched fields.

    I am finally moving to canada in 2-3 months. Deadline for landing is March 3rd 2007.

    I am done with US Green Card and can not take this stress any more. Starting to sell my house and other stuff soon.

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  • sk2006
    08-16 04:11 PM
    Well, explain to me, if an american celebrity, such as Brad Pitt or George Clooney is detained at IGI for 66 mins, taken aside for secondary in another chamber, made to wait,

    if robert gates (defense secretary), is asked to remove his shirt

    if ex president bush or clinton is frisked for secondary, would that be acceptable to americans?

    NO. We agree on the answer atleast. Do people in India have to KNOW them?

    Question is why such things are not done in India?
    Answer is: The security system there is like Swiss cheese -- Full of holes.

    They would by pass the rules for celebrities!
    Why do you expect USA to do the same?


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  • villamonte6100
    06-28 11:56 AM
    This is what my very very high profile attorney wrote in her email to me today....

    " We have heard that there will be a visa regression the first week of July "

    And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.

    My post is not to spread rumors or scare people but to help them to grab this golden opportunity.

    I am ready to send papers for July 1st.

    Does your attorney cost $400 to $800 an hour. I work with a law firm and our attorneys per hour rates are from $400 up. I don't understand your description of "very very high profile" attorney.

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  • life99f
    06-28 12:42 PM
    Good idea. But I am going to TSC.

    This is what I'm doing. I'm flying to Nebraska service center friday night. Will put my shelter in front on PO box and will remain there until Monday morning. Once the USCIS guy comes up to pick up the mails, I'm just going to hand deliver my paper before he even opens his mail box.

    Want to join me ;)


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  • InTheMoment
    09-14 09:16 PM
    It is important to know the numbers of traditional labors filed in year 2005 before PERM was implemented on March 28, 2005. Does anybody have hard numbers on these ?

    This is a very relevant piece of info, as tons were filed because PERM was a new animal and no one wanted to play around with it before they understood it.

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  • saro28
    08-12 10:51 PM
    Question about EB2 vs EB3 dates.

    My case - EB3 12/2001
    My wife - EB2 12/2004

    Should I adjust my case with her? what are the chances. Or is it worthwhile waiting for my EB3 and adjust her in that.
    Also do I need to re-apply for new EAD/AP because adjusting in the other case. thanks!


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  • TeddyKoochu
    09-15 11:36 AM
    Thanks for this useful info. 05 & 06 approved #s in Q-4 of 08 looks very significant - these alongwith approval of 'multiple filed AOS' will surely reduce wait time for 05-EB2i. Hop[efully before june 05 cases will be done.

    Friends I believe that we are underestimating the cases that have been abandoned due to the bad economy. Individuals having to back, revocations etc. I estimate that we can chop off at least 25% more just by that on top of the existing deductions / reductions. clearing out of the 2006 batch by Sep 2010 looks really very likely.

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  • at0474
    12-13 02:15 PM
    "There is no "reservation", the nature of the clause is a cap, it does not give another country a minimum quota, it is written as a restrictive provision. and again- just because it benefits someone else does not make discrimination "right", in the strictest sense. right and wrong when it comes to discrimination are not relative. and if you believe they are, it's mighty slippery slope my friend because it does not take time to find yourself on the other side."

    --You have decided to coin the country cap quota as discrimination. After you take that position, everything you said seem difficult to challenge. Yes, you are absolutely right that "rights and wrongs" are not relative when you are discriminating against someone. You are also spot on that discrimination cannot be justified because it benefits others.

    "you sound suspiciously supportive of the caste system. i will say it again. such a system is wrong. i do not care which side of the fence you are on. was depriving blacks from voting wrong? or was it ok from the white side of the fence? please think before you post."

    --Why bother assuming opponent's position? What system I support doesn't add a jot to what we are discussing here. Depriving blacks from voting and not giving a greencard to you (inline with a bangladeshi) doesn't seem to hold any water. Let alone whites being "ok" with it, when you walk down the street with a bangladeshi, I hardly suspect if they can even identify you by your nationality.

    "please think before you post"

    --Let me try!!Hmmmmm!!! Nah!! IMHO, We cannot call country cap for EB categories as discrimination. Is it reflecting discrepencies in its implementation? Sure...no system works to justify its underlying intent accurately. Nevertheless, an attempt is made. Hence we call it a process. Harping against USCIS that it is plain discrimination is not going to get us anywhere. As times change, they have to change the policies to suit the prevaling circumstances as well. In the long run, if every other immigrant is a bangladeshi, I am sure they will be taken out from the diversity lottery program.


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  • mbartosik
    12-13 05:43 PM
    When an argument is held in the Supreme Court you often hear the justices asking "What if" type questions, some of them verge on being narrow circumstances, but to declare something unconstitutional can have a wide impact and is a fundamental, so it should account for odd circumstances too.

    So here goes a potential set of arguments:

    Q> What if the Congress was unable to discriminate in other categories of immigration based on nation of birth? Would that mean that in time of war, immigrants would have to be admitted from a country with whom we were at war?

    Q> Would Congress no longer be permitted to try to balance the ethnic makeup of the country?

    I agree it is unfair on individuals, on groups, and it does smell, but I doubt that it is unconstitutional. I take the pragmatic view in my prior post on this thread (many posts back).

    Extending my pragmatic view:

    Even if it were found to be unconstitutional, then Congress can always amend the constitution, and if a Supreme Court ruling affected more than just EB category, then I would not be surprised to see an amendment. Then the only advantage would be to draw attention to the issue. But you know that the anti's would just make the argument --- "Look the evil immigrants are trying to write our immigration policy", and that would be an easy argument to make so then we would see something more restrictive in the end.

    So even if we won, we would likely loss.

    Just being pragmatic.

    (I'm not a lawyer - and my H1B enforces this)

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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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  • nixstor
    07-03 06:34 PM
    Wish the Senators a Happy Independence Day in the mail ....

    Lets go guys its time to fill up those emails and fax machines .....

    Please try to understand who is a senator and who is a representative. While that might not make any difference to us, it is of great importance if some one happens to get on our forums. Rep Zoe Lofgren. Not Senator Lofgren

    06-27 04:20 PM
    Last one was good one from arihant.
    Lets move dates back to.......hmmm....when Columbus discovered America. Guys....Was Columbus on H1-B? Then he changed his status to Green Card....Gosh....dates were current when Columbus landed.....

    09-17 03:09 PM
    Yeah that might be true.

    The rate at which 2004 folks are getting approved that probably only 300 applications are left for pre Jan 2005. More approvals augur well for everybody.