dixie
02-13 01:01 AM
I thought the alien must be present on a dual intent non-immigrant visa to be eligible for AOS (I-485). I don't think people on F1/F4, B1/B2 are eligible to file for AOS while in the US. Consular Processing may be a different story.The H,L and O NIVs are the only ones that I know have dual intent.
They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.
They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.
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MYGC2008
09-14 03:50 PM
Do we know the exact Approved EB2 Labors for INDIA. (Year 2005 means Oct 2004 to Sept 2005). because PERM is introdiced in mid 2005.This is Critical
Also I have a question: Does Prevailing Wage Level determine the EB Category? (EB2 Prevailing Wage Type = Level II) If this assumption is correct then for 2006 (Oct 1 2005 to Sept 2006) there are 11000 approved EB2 INDIA Labors.
Also I have a question: Does Prevailing Wage Level determine the EB Category? (EB2 Prevailing Wage Type = Level II) If this assumption is correct then for 2006 (Oct 1 2005 to Sept 2006) there are 11000 approved EB2 INDIA Labors.
polapragada
10-16 12:29 PM
Interesting statistics posted on Ron Gotcher forum
Credit to Nolefan
Hello Ron,
I have been silent spectator for long and I greatly enjoy reading this blog. The knowledge you bring is great. The blog is very informative & insightful and has given us lots of useful information. I have been thinking of contributing to this blog for sometime related to Pending visa number and spillover topic and this is my first post regarding that.
Recently, I did some calculations on EB1 & EB spillover to EB2 India/China for FY 2010. Here are points I considered
* Average Consular processing numbers for EB1 & EB2 / year are based on historic data from 1998 to 2008. (Data is available on DHS site)
* All ROW EB1 & EB2 applications from following categories will be approved before spill over happens
o consular processing (EB1 & EB2)
o ROW (EB1 & EB2) + Mexico + Philippines
* most applications for India / China EB2 from 2004 and prior are approved except few as mentioned on CIS report.
* Even if there are EB2 ROW I140 applications are pending, they may not be more than few thousands (based historic EB2 usage from EB2 ROW). Based on economic conditions, I assumed 5000 new I485 applications after approval of I140.
Calculations
EB1 spill over
Total quota allowed: 40040
Average consular processing: 5290
AOS Pending: 4050
New applications: 2500
spill over from EB1 ~ 40040 - 5290 � 4050 � 2500
spill over from EB1~ 28500
EB2 spill over
Total quota allowed: 40040
Average consular processing: 2199
AOS Pending (ROW): 7871
New applications: 2500
spill over from EB1 ~ 40040 - 2199 � 7871 � 2500
spill over from EB1~ 27470
Total EB1 & EB2 spill over = 28500 + 27470
Total EB1 & EB2 spill over = 55970
EB4 spill over
Total quota allowed: 9800
Average visa numbers used: 7432�� based on data from 1998 to 2008
spill over = 2368
EB5 spill over
Total quota allowed: 9800
Average visa numbers used: 465 �� based on data from 1998 to 2008
2008 data: 1360
spill over : 8440
Total spill over for EB2 India / China: spill over from (EB1 + EB2 + EB3 + EB4)
i.e. 28500 + 27470 + 2368 + 8440 ..
Total spill over for EB2 India / China: 66778
Preadjudicated EB2 India / China applications ~ 51000
Total pending EB2 India / China ~ 67061
If spill over occurs quarterly, then I would expect EB2 India / China dates should faster throughout year may be current by end of FY 2010.
Too good to believe..I hope it would go correct:D
And one more PRO factor is that EB1 are under high scruitny so less EB1s so high spillovers than ever before..
Credit to Nolefan
Hello Ron,
I have been silent spectator for long and I greatly enjoy reading this blog. The knowledge you bring is great. The blog is very informative & insightful and has given us lots of useful information. I have been thinking of contributing to this blog for sometime related to Pending visa number and spillover topic and this is my first post regarding that.
Recently, I did some calculations on EB1 & EB spillover to EB2 India/China for FY 2010. Here are points I considered
* Average Consular processing numbers for EB1 & EB2 / year are based on historic data from 1998 to 2008. (Data is available on DHS site)
* All ROW EB1 & EB2 applications from following categories will be approved before spill over happens
o consular processing (EB1 & EB2)
o ROW (EB1 & EB2) + Mexico + Philippines
* most applications for India / China EB2 from 2004 and prior are approved except few as mentioned on CIS report.
* Even if there are EB2 ROW I140 applications are pending, they may not be more than few thousands (based historic EB2 usage from EB2 ROW). Based on economic conditions, I assumed 5000 new I485 applications after approval of I140.
Calculations
EB1 spill over
Total quota allowed: 40040
Average consular processing: 5290
AOS Pending: 4050
New applications: 2500
spill over from EB1 ~ 40040 - 5290 � 4050 � 2500
spill over from EB1~ 28500
EB2 spill over
Total quota allowed: 40040
Average consular processing: 2199
AOS Pending (ROW): 7871
New applications: 2500
spill over from EB1 ~ 40040 - 2199 � 7871 � 2500
spill over from EB1~ 27470
Total EB1 & EB2 spill over = 28500 + 27470
Total EB1 & EB2 spill over = 55970
EB4 spill over
Total quota allowed: 9800
Average visa numbers used: 7432�� based on data from 1998 to 2008
spill over = 2368
EB5 spill over
Total quota allowed: 9800
Average visa numbers used: 465 �� based on data from 1998 to 2008
2008 data: 1360
spill over : 8440
Total spill over for EB2 India / China: spill over from (EB1 + EB2 + EB3 + EB4)
i.e. 28500 + 27470 + 2368 + 8440 ..
Total spill over for EB2 India / China: 66778
Preadjudicated EB2 India / China applications ~ 51000
Total pending EB2 India / China ~ 67061
If spill over occurs quarterly, then I would expect EB2 India / China dates should faster throughout year may be current by end of FY 2010.
Too good to believe..I hope it would go correct:D
And one more PRO factor is that EB1 are under high scruitny so less EB1s so high spillovers than ever before..
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soljabhai
12-14 05:34 PM
100$
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forever_waiting
01-13 12:21 PM
Few questions for the self proclaimed expert analyst who started this thread -
1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
I know you do not have any real responses...only abuses which you responded with on the other thread.
Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
I know you do not have any real responses...only abuses which you responded with on the other thread.
Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
TheOmbudsman
08-30 11:22 AM
180 days.
Once you get ur Canadian PR, how long can we "not go" to canada. Will the PR expire if we do not land in canada??
Once you get ur Canadian PR, how long can we "not go" to canada. Will the PR expire if we do not land in canada??
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grupak
12-13 01:40 PM
"Fairness or not is not the issue. Question is can it be challenged in a court? "
--I guess fairness is the issue and that is what you are asking for by challenging the court.
"As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."
--To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.
The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
--I guess fairness is the issue and that is what you are asking for by challenging the court.
"As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."
--To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.
The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
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Openarms
05-29 12:38 PM
this exactly I thought when I read this
"When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009"
What demand? Aren't these categories already "Unavailable" for the rest of FY2009? What will generate the demand? His earlier statements seem to suggest they have a pretty good handle on the number of cases pending and the EB categories and chargeabilities of those cases. Should'nt they already have a pretty good handle on the demand? On one hand, Mr. Oppenheim is throwing out numbers like they've got it all figured out...and immediately after that he makes a statement which implies they haven't a clue!
"When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009"
What demand? Aren't these categories already "Unavailable" for the rest of FY2009? What will generate the demand? His earlier statements seem to suggest they have a pretty good handle on the number of cases pending and the EB categories and chargeabilities of those cases. Should'nt they already have a pretty good handle on the demand? On one hand, Mr. Oppenheim is throwing out numbers like they've got it all figured out...and immediately after that he makes a statement which implies they haven't a clue!
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BECsufferer
04-01 12:58 PM
If Imran khan has come in to politics why not Azharuddin ?
We can keep guessing but you know who is the right guy ,
:D:D:D
I remeber how brutal Imran used to be to Indian openers with his deadly in-swinger. Those were days of good cricket ... a classy cricket. Outside cricket Imran still commands respect for being honorable and honest person.
On other hand our Azhar is one of those who will sell his own mother for money. A disgrace to cricket world. Comparing him to Imran is like comparing Lion in Jungle to a Hyenna ( no disrespect to reading Hyenna).
Few years back bunch of cricketers originating from AP here in MI sponsored him and his wife to visit here. I was invited by come and shake hand and photograph with this bookie and his beautiful wife. Majority of people having self-respect politely rejected the invitation. Now I hear he is trying to become bookie in New Delhi. Good Luck!
We can keep guessing but you know who is the right guy ,
:D:D:D
I remeber how brutal Imran used to be to Indian openers with his deadly in-swinger. Those were days of good cricket ... a classy cricket. Outside cricket Imran still commands respect for being honorable and honest person.
On other hand our Azhar is one of those who will sell his own mother for money. A disgrace to cricket world. Comparing him to Imran is like comparing Lion in Jungle to a Hyenna ( no disrespect to reading Hyenna).
Few years back bunch of cricketers originating from AP here in MI sponsored him and his wife to visit here. I was invited by come and shake hand and photograph with this bookie and his beautiful wife. Majority of people having self-respect politely rejected the invitation. Now I hear he is trying to become bookie in New Delhi. Good Luck!
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dilipcr
06-11 10:08 PM
Dilip,i read your old post from 2003, indeed a roller coaster ride...remember good KARMA, you had tons of it man!!
I am not a strong believer in Karma as Karma is something whose existence is determined based on the aftermath of success we achieve in our trials and tribulations. I hope that you people appreciate my opinion that geniuine people need not worry abt GC timelines. It will happen. I dont believe in the policy of these L1s getting GCs because most of them, if not all, do not fall under the superior skillsets category. In addition, they unabashedly jump the queue in terms of GC, flout rules and end up lowering the wages of the existing people. This was also the case back then in 2001.
Back then there was a misplaced sense of security amongst these people working for these outsourcing companies that lower salaries meant guaranteed job security. Most of them never had the confidence in their own skills to venture out on their own. They preferred the tutelage and security of their firms. Their skillsets were run of the mill and so they continued diluting the IT wages. It is the same scenario repeating today wherein these type of guys are under the L1 visa. An insignificant minority among these may be talented but it is not worth the time spending to identify these cases. In my opinion, there is no need to feel sympathetic towards the people from these companies. I may seem to sound harsh here but if you think through my opinions you would realize that my opinions are in the best interests of preventing wage destruction for those working directly for companies n a H1B.
I am not a strong believer in Karma as Karma is something whose existence is determined based on the aftermath of success we achieve in our trials and tribulations. I hope that you people appreciate my opinion that geniuine people need not worry abt GC timelines. It will happen. I dont believe in the policy of these L1s getting GCs because most of them, if not all, do not fall under the superior skillsets category. In addition, they unabashedly jump the queue in terms of GC, flout rules and end up lowering the wages of the existing people. This was also the case back then in 2001.
Back then there was a misplaced sense of security amongst these people working for these outsourcing companies that lower salaries meant guaranteed job security. Most of them never had the confidence in their own skills to venture out on their own. They preferred the tutelage and security of their firms. Their skillsets were run of the mill and so they continued diluting the IT wages. It is the same scenario repeating today wherein these type of guys are under the L1 visa. An insignificant minority among these may be talented but it is not worth the time spending to identify these cases. In my opinion, there is no need to feel sympathetic towards the people from these companies. I may seem to sound harsh here but if you think through my opinions you would realize that my opinions are in the best interests of preventing wage destruction for those working directly for companies n a H1B.
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FinalGC
07-22 02:14 PM
My experience with amway - Very close friend of mine joined amway once he came to US, and within a few weeks, tried it on me. And at the end, he branded me as closed minded person when I said no many times. Forgot the 4 year friendship and never called me for the past 7 years. Oh well, my wife keeps telling me, those who don't understand us cannot be good friends. And after seven years, I agree...
Dude:
I had a similar experience. One of my closest friends helped me come to US. We both were in school doing our MBA and there we both attended this new intriguing seminar to do business. Amazingly I stopped and he went on with it, unfortunately all I can say is I lost my good friend to Amway.
He asked me why i was not interested, i said the complete motive of this business is to make money and nothing else, which I have a difficulty in doing. Yes, I want to work to make money and take joy in my work , but not just work for money....
He became angry with me, after that and ever since never connected back. Recently he connected with me on Facebook, but that too looked like a cold contact......Yes it is true you loose friends through Amway.
Dude:
I had a similar experience. One of my closest friends helped me come to US. We both were in school doing our MBA and there we both attended this new intriguing seminar to do business. Amazingly I stopped and he went on with it, unfortunately all I can say is I lost my good friend to Amway.
He asked me why i was not interested, i said the complete motive of this business is to make money and nothing else, which I have a difficulty in doing. Yes, I want to work to make money and take joy in my work , but not just work for money....
He became angry with me, after that and ever since never connected back. Recently he connected with me on Facebook, but that too looked like a cold contact......Yes it is true you loose friends through Amway.
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mheggade
07-23 01:14 PM
Reply to sumagiri's post
This kind of statements are used just to bluff the congress. Bear in mind 140k is the quota and may not be the target. Looks like they did it again (I mean bluff DOS and Congress) and DOS had no choice to move the dates so that overseas visa post can consume the remaining visa.
This kind of statements are used just to bluff the congress. Bear in mind 140k is the quota and may not be the target. Looks like they did it again (I mean bluff DOS and Congress) and DOS had no choice to move the dates so that overseas visa post can consume the remaining visa.
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pa_arora
07-26 04:28 PM
meekdesi, my friend... I also grew up in Delhi and in the same places what u listed...dont ask for what ur country did for u ...tell me what u did for ur country?? I am pretty sure u don't have an answer and if u do ur making false assertions.
u know the problem with u ...u just think who will cleanup the house, the other person living can clean it. But that not the way it works...so show what u did before u demand.
u know the problem with u ...u just think who will cleanup the house, the other person living can clean it. But that not the way it works...so show what u did before u demand.
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snthampi
07-28 12:18 PM
I was an 'IBO' in the past. did the business for 2 years and quit. so, i am one of those "quitters" as called by up-lines and one of the many reasons why the average yearly income is only $115/year :)
you people are fighting for two totally different reasons
(1) is Amway business illegal for H1Bs? and is Amway business model a ponzi scheme ? been with this business, I can still stand behind the business model - its fair and simple. you just buy from one manufacturer and advertise that to others. if you notice, they are actually advertising Amway Global on national TV. Are the products worth the money you pay is a different subject. can H1Bs do this, i hear yes/no from various sources and that is a separate subject too. this thread is about the bitter experiences and not the business model itself.
(2) Now came BWW (for those of you don't know this term, this is the reason for all your heartaches / broken friendships and bitter experiences).
how do you advertise your product/site ?????
when i joined the business, I have atleast 10 very good friends. I talked to all of them and asked them to understand the business model, and not worry about the advertising part. I took all of them to major conferences (they couldn't say no to me out of friendship and curiosity on what i saw in it despite horror stories) but no one was keen at that time. so, i told them to come and see me when they have some free time and are thinking about making money part-time. no hurry. thats it. no clashes between friends or bad blood. no means no. they are your friends and they will come to you when they are looking. NO HURRY.. thats me.
this is the point where problems start. BWW talks and teaches about doing it NOW. they want us to go through as many people as possible and believe in numbers game. if you show the plan to 100 people, 1 active IBO will join. so, show the plan 3 times a week at-least. that's the motto. when they asked me to go for cold contacting i refused out-right. how can i convince a total stranger when my close friends who believe in me couldn't see it.
most of you are crying foul of people "cold" contacting you with fake smile/friendship while they want you to join the business. but everything has to do with BWW and their methods/CDs/meetings etc. its like a competition. the sooner you grow, they grow. so, they want you to grow as fast as possible. if you have to loose your friends/relatives on the way - your up-lines don't care. they say they are your friends/family. how can that be true ??
to Kushal: I wish you luck with your business. but you have some temper my friend. who are you fighting with ?? folks on an online forum ?? you should know better than to throw stones at someone who doesn't have a name. what are you thinking.. you think you can convince everyone here to believe Amway/quixstar is good ???? seriously ?? only if convincing is that easy ;p
to rest of the team: I know you don't approve the advertising part by randomly meeting people. I didn't do it either and extensive damage is done. people run away from Amway/quixstar like plague because some people want to get rich quick and asked their down-lines to spread the word as fast as they can. "run through people". find 1 person willing to work at the expense of 99 people getting offended by you. word of mouth advertising works both ways. bad publicity spreads faster :)
all I am saying is: people advertised Amway really bad. people hate amway but they should really be mad at BWW and their strategies. it is unfortunate that no one really knows or interested to know what Amway model really is. all they can think of is about horrible experiences of cold contacting and repeated chasing.
again, i am not with this business now but still think its a good model. it is based on word of mouth advertising, franchising, residual income - everything e-commerce (which is a subject taught at some universities). now add some short sighted people to do the teaching and BINGO.. screwed it up big time.
Hi Gopi,
Good post. But tell me why should i give a damn about either Amway or BWW? I don't.
It is horribly insane to talk to your business ambitions to a stranger. Every person is different and I personally take it offensive when someone I don't know comes and bothers me with his/her business nonsense. I am sure there are many people who think in the same way.
In the beginning, whenever a I came across a Desi in a mall or in a public place, it used to make me happy. Now, I always suspect that it could be a Amway SOB who is coming to me with his trash bag.
By the way, Gopi, this is nothing against you personally.
To all Amway street walkers, get the hell out of my way. I don't want to hear your nonsense. Period.
you people are fighting for two totally different reasons
(1) is Amway business illegal for H1Bs? and is Amway business model a ponzi scheme ? been with this business, I can still stand behind the business model - its fair and simple. you just buy from one manufacturer and advertise that to others. if you notice, they are actually advertising Amway Global on national TV. Are the products worth the money you pay is a different subject. can H1Bs do this, i hear yes/no from various sources and that is a separate subject too. this thread is about the bitter experiences and not the business model itself.
(2) Now came BWW (for those of you don't know this term, this is the reason for all your heartaches / broken friendships and bitter experiences).
how do you advertise your product/site ?????
when i joined the business, I have atleast 10 very good friends. I talked to all of them and asked them to understand the business model, and not worry about the advertising part. I took all of them to major conferences (they couldn't say no to me out of friendship and curiosity on what i saw in it despite horror stories) but no one was keen at that time. so, i told them to come and see me when they have some free time and are thinking about making money part-time. no hurry. thats it. no clashes between friends or bad blood. no means no. they are your friends and they will come to you when they are looking. NO HURRY.. thats me.
this is the point where problems start. BWW talks and teaches about doing it NOW. they want us to go through as many people as possible and believe in numbers game. if you show the plan to 100 people, 1 active IBO will join. so, show the plan 3 times a week at-least. that's the motto. when they asked me to go for cold contacting i refused out-right. how can i convince a total stranger when my close friends who believe in me couldn't see it.
most of you are crying foul of people "cold" contacting you with fake smile/friendship while they want you to join the business. but everything has to do with BWW and their methods/CDs/meetings etc. its like a competition. the sooner you grow, they grow. so, they want you to grow as fast as possible. if you have to loose your friends/relatives on the way - your up-lines don't care. they say they are your friends/family. how can that be true ??
to Kushal: I wish you luck with your business. but you have some temper my friend. who are you fighting with ?? folks on an online forum ?? you should know better than to throw stones at someone who doesn't have a name. what are you thinking.. you think you can convince everyone here to believe Amway/quixstar is good ???? seriously ?? only if convincing is that easy ;p
to rest of the team: I know you don't approve the advertising part by randomly meeting people. I didn't do it either and extensive damage is done. people run away from Amway/quixstar like plague because some people want to get rich quick and asked their down-lines to spread the word as fast as they can. "run through people". find 1 person willing to work at the expense of 99 people getting offended by you. word of mouth advertising works both ways. bad publicity spreads faster :)
all I am saying is: people advertised Amway really bad. people hate amway but they should really be mad at BWW and their strategies. it is unfortunate that no one really knows or interested to know what Amway model really is. all they can think of is about horrible experiences of cold contacting and repeated chasing.
again, i am not with this business now but still think its a good model. it is based on word of mouth advertising, franchising, residual income - everything e-commerce (which is a subject taught at some universities). now add some short sighted people to do the teaching and BINGO.. screwed it up big time.
Hi Gopi,
Good post. But tell me why should i give a damn about either Amway or BWW? I don't.
It is horribly insane to talk to your business ambitions to a stranger. Every person is different and I personally take it offensive when someone I don't know comes and bothers me with his/her business nonsense. I am sure there are many people who think in the same way.
In the beginning, whenever a I came across a Desi in a mall or in a public place, it used to make me happy. Now, I always suspect that it could be a Amway SOB who is coming to me with his trash bag.
By the way, Gopi, this is nothing against you personally.
To all Amway street walkers, get the hell out of my way. I don't want to hear your nonsense. Period.
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nk2006
10-03 11:41 AM
Hello Friends and my fellow GC awaiters..
Is it worth taking the risk and go with the labor substitution?
The second question/advice I'd like from you is:
If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
1MoreDesi !
First of all couple of things: (i) As of now there is no exemption for master degree holders (either from US or outside). There are provisions in SKIL bill and CIR but as you might know already they havnt yet passed in the congress and there is no gaurantee if/when they will be passed. (ii) Labor substitution is available now - this can go away or can stay because of large number of comments.
I can understand your dilemma. I was in a similar situation last year. My new employer "assured" me labor sub. But after a few months they backtracked saying the lawyer thinks that it wont match with my skills etc. and some such technicalities. So be very careful/particular about if your new employer will use substitution for sure. Next thing to consider (actually most important one in ideal circumstances) is which job is in-line with your future plans and which one you like the most. If your present one is very good and you are very happy there - then I think its worth staying and hope for the best in the coming bills. If you think both are of same nature then take the sub (while maintaining a good relations with old employer) and get the greencard early. In my case I left a job that I loved the most and was in line with my future plans - thinking that if I get GC early it will ease my tension and sleep better in nights and hoping that my new employer would do everything they mentioned before joining there. Now they didnt give me the sub (but are applying in PERM) and my previous employer situation is also changed and are in a hiring freeze (taking me back is now considered a new hiring) - so I am feeling stuck and unhappy. I am posting this just so you are aware of possible risks. Hope this helps.
Is it worth taking the risk and go with the labor substitution?
The second question/advice I'd like from you is:
If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
1MoreDesi !
First of all couple of things: (i) As of now there is no exemption for master degree holders (either from US or outside). There are provisions in SKIL bill and CIR but as you might know already they havnt yet passed in the congress and there is no gaurantee if/when they will be passed. (ii) Labor substitution is available now - this can go away or can stay because of large number of comments.
I can understand your dilemma. I was in a similar situation last year. My new employer "assured" me labor sub. But after a few months they backtracked saying the lawyer thinks that it wont match with my skills etc. and some such technicalities. So be very careful/particular about if your new employer will use substitution for sure. Next thing to consider (actually most important one in ideal circumstances) is which job is in-line with your future plans and which one you like the most. If your present one is very good and you are very happy there - then I think its worth staying and hope for the best in the coming bills. If you think both are of same nature then take the sub (while maintaining a good relations with old employer) and get the greencard early. In my case I left a job that I loved the most and was in line with my future plans - thinking that if I get GC early it will ease my tension and sleep better in nights and hoping that my new employer would do everything they mentioned before joining there. Now they didnt give me the sub (but are applying in PERM) and my previous employer situation is also changed and are in a hiring freeze (taking me back is now considered a new hiring) - so I am feeling stuck and unhappy. I am posting this just so you are aware of possible risks. Hope this helps.
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gsvisu
07-12 11:04 PM
Canada immigration is simple & straight forward.
No expensive lawyers are required or any lengthy procedures. Just self do. Also look at the currency rate of US and Canada almost same... Tax is a little high but medical is fully covered.
You need to fill forms,send all your education, papers etc and LO ! you are done and get PR Card. Some of my friends got it in less than 2 yrs.
go to http://www.cic.gc.ca/english/index.asp and you can apply on your own.
P.S: I am not an lawyer. Just another frusted GC wait, wait no reply candidate.
No expensive lawyers are required or any lengthy procedures. Just self do. Also look at the currency rate of US and Canada almost same... Tax is a little high but medical is fully covered.
You need to fill forms,send all your education, papers etc and LO ! you are done and get PR Card. Some of my friends got it in less than 2 yrs.
go to http://www.cic.gc.ca/english/index.asp and you can apply on your own.
P.S: I am not an lawyer. Just another frusted GC wait, wait no reply candidate.
more...
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unitednations
02-13 12:08 PM
I'm not sure that your numbers add up. There's no guarantee that anybody would receive a green card before their 90 or 180 day I-94 expires. Leaving the US and reentering to remain in status then runs the risk of putting immigration application in danger. In reality - PERM takes a couple of months to complete with advertising, interviewing, preparing documents and filing. The I-140/485 process takes another 6-8 months assuming that there are no RFEs and your case is processed in the faster service centers. This timescale only works for ROW applicants if they meet the EB-2 standard. This is not an easy standard to meet for many people who have worked at the same employer for a number of years.
On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...
This is how the law works:
To file I-485; one has to be admissable and in non immigrant status(not subject to J-1 requirements, no major medical issues, no serious criminal issue). If there is a labor and priority date is current then you go straight to 140/485.
many times a company may have already filed a labor for you before you even get into USA.
There is protection of 245k which basically gives a buffer of 6 months. Essentially; one can file a 485 if they were out of status; worked without authorization or were in non immigrant status within six months of filing 485.
So what this means is if your I-94 card expires in March 31, 2007; you have protection to file 485 until about September 30, 2007. There is more then enough time to be able to file the 485. The big hiccup happens if the priority date moves backwards and you can't file the 485.
Last year there were a few people who had posted on immigration.com who had their 485's retruned by uscis. They came on visitor visa and labor approved but filed in eb3. Their stupid lawyers didn't realize the dates were retrogressed or when they started the process there was word of law change and they figured that by the time labor cleared; the visa dates would be current.
I wouldn't fight this much; it is well established that people do this and it goes on. This is one of the reasons why I was pretty much against filing 485 without priority date being current. There would be a mass flood of people who would file. People who currently file in political asylum or get married to us citizens or people who have family sponsorship and are waiting visa dates would all flip over to employment base and would cause millions of applications with never ending retrogression. it would have pretty much been a disaster.
On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...
This is how the law works:
To file I-485; one has to be admissable and in non immigrant status(not subject to J-1 requirements, no major medical issues, no serious criminal issue). If there is a labor and priority date is current then you go straight to 140/485.
many times a company may have already filed a labor for you before you even get into USA.
There is protection of 245k which basically gives a buffer of 6 months. Essentially; one can file a 485 if they were out of status; worked without authorization or were in non immigrant status within six months of filing 485.
So what this means is if your I-94 card expires in March 31, 2007; you have protection to file 485 until about September 30, 2007. There is more then enough time to be able to file the 485. The big hiccup happens if the priority date moves backwards and you can't file the 485.
Last year there were a few people who had posted on immigration.com who had their 485's retruned by uscis. They came on visitor visa and labor approved but filed in eb3. Their stupid lawyers didn't realize the dates were retrogressed or when they started the process there was word of law change and they figured that by the time labor cleared; the visa dates would be current.
I wouldn't fight this much; it is well established that people do this and it goes on. This is one of the reasons why I was pretty much against filing 485 without priority date being current. There would be a mass flood of people who would file. People who currently file in political asylum or get married to us citizens or people who have family sponsorship and are waiting visa dates would all flip over to employment base and would cause millions of applications with never ending retrogression. it would have pretty much been a disaster.
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mchundi
01-23 06:04 PM
I personally know a guy who used Nick's services. Bottomline, his 485 was rejected as Nick sold the same labor to other guys as well. As for him, spend some time on EAD and now he is back on H1. What happens to his VISA number. Returns to the pool? Which pool? Or is it lost as the VISA number was used from last year's quota.
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cs.0
05-29 03:20 PM
hi friends,
My suggestion is as follows : Let USCIS issue GC for primary applicants without considering PD :) and, issue GC to family members as per PD.
Anyhow getting GC for primary applicant is important then dependent or let them consider whole family as single case instead of considering each family member as single.
regards,
chethan
My suggestion is as follows : Let USCIS issue GC for primary applicants without considering PD :) and, issue GC to family members as per PD.
Anyhow getting GC for primary applicant is important then dependent or let them consider whole family as single case instead of considering each family member as single.
regards,
chethan
Jimi_Hendrix
10-04 09:37 AM
I have seen at least three thread in the past that discussed labor sub bashing. So you guys made your point, it is an evil practice and it screws those standing behind. We already know that this practice might be ended soon. So why are we discussing this issue for the fourth time all over again? :rolleyes:
mbawa2574
02-15 05:20 PM
You are not saying there are more chinese and indians here, so that means what? that there are not more chinese and indians here?
As you said half the world population is indian or chinese and I'm saying this, rather than pure skill, is why there are more of them here. This is why I repeatedly protest your reference to only skills and brightness as the factor for the non balanced EB population.
If the world population is the reference, the US would have to take half of its immigrants from 2 countries, they clearly don't want that so they conciously set that rule.. u need them to change the rule u need to give them a reason that's useful for them not for you.
Can't you understand the meaning of fair shot and equality ? Let people apply in FIFO . Don't tell me what US wants ? No one has a clear idea of it.and suddenly people like you for your personal interests have started opposing IV's skill based initiative because your dates moved a little ahead and supporting existing discriminatory laws. What will happen when they retrogress again to 1999 next month ? What will be your stand then? Did you come to IV rally ? Probably not because you think of your personal interest and have nothing to do with the big picture.
As you said half the world population is indian or chinese and I'm saying this, rather than pure skill, is why there are more of them here. This is why I repeatedly protest your reference to only skills and brightness as the factor for the non balanced EB population.
If the world population is the reference, the US would have to take half of its immigrants from 2 countries, they clearly don't want that so they conciously set that rule.. u need them to change the rule u need to give them a reason that's useful for them not for you.
Can't you understand the meaning of fair shot and equality ? Let people apply in FIFO . Don't tell me what US wants ? No one has a clear idea of it.and suddenly people like you for your personal interests have started opposing IV's skill based initiative because your dates moved a little ahead and supporting existing discriminatory laws. What will happen when they retrogress again to 1999 next month ? What will be your stand then? Did you come to IV rally ? Probably not because you think of your personal interest and have nothing to do with the big picture.
