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  • eb3retro
    07-22 12:02 AM
    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...





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  • jackrabbit
    03-26 06:45 PM
    No, waiting for OMB clearance.

    And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?





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  • sidbee
    02-13 07:46 PM
    I am with you guys.Read my old posts, i have been thinking on this from day one.





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  • coopheal
    02-12 04:43 PM
    Per country quota sucks big time. DOL/USCIS needs to get rid of it ASAP.



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  • gonecrazyonh4
    11-11 10:49 AM
    One of my friends informed me about immigrationvoice.com few months back, I am EB3 with PD Jan 2003 and currently waiting to file I-485 for last one year. It is frustrating to hear how some of the companies are bypassing and jumping ahead on the line. I thought I get some opinion; I am curious why this isn't being bunged. Although using a pre-approved labor is a legal thing, how much of sagacity does it really have? Within my little 10-12 friend circle I have had atleast FOUR people who got their GC within 8 months through this same company - KFORCE, Rapidigm Inc., utilizing pre-approved labor. It seems this company lures people with a condition that they will process their GC within couple of months, isn't this using the legal system at their business advantage.

    What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?

    I completely agree that Substitute labor is being used is the wrong sense. My husband is now in his 7th year of H1B and I am still on H4.

    At the same time our friend who came in 2005 to USA through an Indian company joined Rapidigm in 2005, received a 1999 priority date Labor and received his Green card (& for his wife too) in 8 months time.

    This iextremely unfair means of acquiring GC and should be blocked legally.Meanwhile Rapidigm has been acquired by Fujitsu .





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  • unitednations
    02-18 05:41 PM
    I agree that his arguments are valuable...

    And I believe that those must be countered point to point...
    You see... our target membership audience consists of very intelligent people..They come to this site and read UnitedNations arguments...If they accept those arguments ... what would be the net result.???...They would just go away....It gets directly in the way of our efforts.....

    That is the reason for this whole shoot out.....

    I don't look at it as a shoot out or trying to pick on people and say the situation is hopeless.

    I have a lot of postings on immigration.com and I can tell you definitively that the conversations on this portal are much more constructive and educated. On the other portal there are people who still think it is a conspiracy of holding back visas and government wants people out. No matter how much one talks about the law and visa allocations they do not look at the facts but rather wallow in self misery and conspiracy theories.

    There are others who don't pay much attention to immigration matters and belive the rhetoric that a law change is around the corner and it will increase the vsias by a substantial amount. In my opinion from everything I know; regarding allocation of visas; number of pending cases at backlog centers; number of perm approvals; number of people here on h-1b; O visas, L-1' university H-1b's; the wait could be minimum ten years for people from severely retrogressed countries. Until people can understand this; and I am afriad that the only way people will understand this is if USCIS/DOS issued exact statistics of how many I-140's there are where 485's haven't been filed; how many 485's are pending which can't be approved; how quickly they process eb2 row and eb3 row cases and how frequently they come into the pipeline then an educated guess cannot be made with any great precision. However, everything I know would say that everyone from india in eb3 and eb2 should just stop watching the visa bulletin because at the current pace and law; it would take five years to just approve one year of greencards which happened in 2005 and even then the dates were back to 2002. Since January 2005 there hasn't been any eb3 approvals from India with priority dates after June 2002. You can just imagine how big the numbers are. There was over 50,000 H-1b visas issued in 2005 (can't tell which were intial h-1b's or just revalidation); 20,000 H-4's; 20,000 L-1's, 20,000 f-1s; 200,000 visitor visas. That was all just in one year. When there is only going to be 10,800 greencards compared to these numbers it becomes mind boggling.

    Regarding arguments and counter arguments. When one does a presentation or getting ready for a presentation you always need to understand the other side of the argument. If you don't then you cannot counter it and will lose credibility. So some of the things I have pointed out need to be countered/mitigated to have any reasonable chance of success. For example the 485 filing without priority date; how many people knew that a person on visitor visa could file a 485; people from family base who are illegally here would be able to flip over to EB and come into this stream; people on L-1; f-1, etc. The numbers would be so huge that without quota change, etc. it would be a disaster. If the plan was to first ask for this and then six months later say; hey look now we have 2 million people going for greencard and you should increase the quota now; it might fall on deaf ears for many years.

    Just in case you want to ask; I don't have good answers; there will be much more arguments to use about not attracting/retaining once all of EB retrogresses. The scientists; executives on L-1 from companies like Citibank; hsbc, etc also get retrogressed then you will hear much more noise.

    Within immigration there is competing interests. You have political asylee issue where there was a cap of 10,000 annually even though there are hundreds of thousands of people waiting for it. It took them many, many years to lift the cap. there are 12 million undocumented workers who could pose a security risk if you listen to all the security pundits; there are EB3 skilled workers who cannot get into the country because they don't quality for h-1 and have to wait outside; there are teenagers; young adults who came with their undocumented parents who are trying to legalize, etc. Phillipinos who are sponsoring their siblings have to wait for 23 years.

    In EB we are one of the few who hold non immigrant visas that allow us to get a greencard while we are in USA. Just about all the other categories of non immigrant visas require a person to stay out of usa until they get the greencard. As I said in a previous posting; I firmly believe that EB is the least disadvantaged of the various routes to get permanent residency.



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  • msp1976
    02-18 10:12 PM
    I understand that there is concern about people from visitor visa category (Tourist B1 B2)would be filing for green cards and that shall cause the retrogression to be perpetual...a few adjustments to the applicable statute can rectify that...





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  • venkat80
    09-23 08:20 PM
    http://blogs.ilw.com/gregsiskind/2008/09/can-immigrants.html

    CAN IMMIGRANTS HELP ADDRESS THE FINANCIAL MELTDOWN

    A lot of people may not be aware that hundreds of thousands of highly skilled immigrants - people with bachelors, masters, Ph.Ds, medical degrees, etc. - are stuck waiting in a queue for green cards that can last ten years or more. These are precisely the people who can help keep American competitive and they could provide some needed help in resolving the banking crisis that has gripped the country. One group, Immigration Voice, is proposing Congress consider a legislative solution that would provide green card numbers for people who can demonstrate they qualify in one of the employment-based green card categories if they buy a home and place at least 25% down on the property. This won't solve the crisis, of course, but it is one way to inject some life in to the bleak housing market.

    I'd like to see this proposal possibly coupled with a retiree visa which would provide long term visas to people who have the means to pay cash for a home and buy a home within a specified period of time after coming to the US, have substantial assets, have pre-paid for health insurance and who do not intend to work in the US.



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  • longq
    02-13 06:17 PM
    As a business person; I don't agree with country limits. I understand why they are there but I don't think they should be.

    Continuous recapture of unused visas is a good goal. It makes sense and isn't a controversial topic.

    Regarding: Goals - very few people look out for the greater good of everyone. I myself think if I was looking out for the greater good of everyone; I wouldn't focus on EB relief but rather other areas of immigration (greencard holder spouse issue; dream act, undocumented, etc.). Don't jump on me for saying this but I had written in another posting that of all the people who are disadvantaged with immigration; it would appear that eb candidates are the least disadvantaged of all.

    In my view, EB are more disadvantaged in current situation. For a young person with PD 2006 (EB3-India) having approved 140, cannot imagine to file a 485 before he retires. Is it practically possible for him/her to maintain employer-employee relationship till him/her able to file 485? Is it make any sense, condition of LC/140 will hold well after 20 years, when a visa number available to him/her?

    In family based system, even after 20 years brother-sister or parent-child relationship will be maintained. No need for them to worry about 130 withdrawal of sponsor. In most family based immigration, chain migrants are coming to USA not for family-reunification; they are coming for work/job. There is no labor certification for them.





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  • weasley
    08-16 06:31 PM
    SK2006 and snathan:

    I do not agree.

    First, there is no "profiling" in India. Everyone gets frisked and security at airports in India is top class.

    Rules are rules, provided they apply equally to americans and Indians. otherwise its profiling or discrimination.

    In 2000 December, I was travelling to Sydney from Mumbai Airport. I was held and later interviewed separately by a Tamil Speaking officer. Just because my name resembled like Srilankan Tamil. They wanted to ensure that I am not LTTE/or refugee travelling to Australia. Well, I was not offended. I just thought if these idiots have been careful before then would have avoided assasination of Rajiv Gandhi.



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  • grupak
    02-13 02:50 PM
    Grupak, I am not suggesting any single country is monopolizing the foreign worker pool. Employment laws in the US are fairly non-discriminatory except the diversity in workplace or "Affarmative Action" component which prefers a minority when two candidates possess the same skills.

    My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.

    WD's comment was in the context of removing country cap.

    I know we all say things in jest. However, the only solution is (1) increase visa numbers and (2) remove/significantly increase country cap. Otherwise the problem still remains, and IV will continue to fight for a fix.





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  • nixstor
    09-23 02:31 AM
    I have sent close to 10 emails putting subject

    "Proposal to alleviate current US economic crisis"

    I hope I am doing right..

    Housing/economic crisis rather than economic crisis

    Please send emails from your own emails so that we can know what staff members and their bosses think.



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  • pappu
    01-24 12:16 AM
    not just 5 years,
    make it a retrogressed date for coming out of prison for such people. They will understand what retrogression is and will wait endlesslessly for their date of freedom to become current.:)
    stay in jail forever and when the date becomes current ... go back to the home country empty handed to start all over again.

    btw, everyone filing GCs from small companies need to be very careful. Some members are asking about company A or B on the forum these days. You need to directly ask the employer all these questions before joiniing them. Sometimes even after approval of 140 or even till you get the actual GC your application can be denied for GC if:
    - The company is found to be fraud/ involved in any fruad by USCS or DOL
    - the company has excess GC applications and cannot show ability to pay (company profitability per year) for all of them. Small companies typically may be involved in wrongh tax practices by hiding their actual profits. The company may have filed several GC applications and sometimes initial applications may get approved but later can be denied. IN that case USCIS can also deny all previously approved applications.
    - The company is H1B dependent. (more H1Bs . There is a percentage defined by USCIS). Ths will raise red flags in their system.
    - The applicant is related to the owner of the company. This also can be a reason for denial and red flagging of a company for all other applicants.
    - Physical location and legitimacy of the company. In the past some applicants applied through companies in Maine even though they were not working in Maine. This was to get faster LCs before the Perm process started. Sometimes such cases also raises doubts.

    Be careful with every step you take. GC application is very important and you do not want to take such risks and regret later.





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  • snathan
    03-30 02:55 PM
    If congress would have done it's job properly 60 years back, there was no need of nuclear deal now. The comment you made makes it pretty sure that congress was a failure since last 6 decades. The benefits of current nuclear deal will be in next 2 decades. So what poor people of India eat in next two decades? Will you tell them that don't worry...hang on for next 20 years. Also do you know the case of Enron and how politicians of all colors made fool of people.

    Again...I am not supporting congress. Yes, we didnt have anything for the last 60 years. Because of MMS we are going to see something in another 20 years. Is there anything you can give me Mr.Advani's vision about it. Even after fifty years.

    Whether we like it or not....nothing is going to change for the common man. Advani, Jaya, Karuna, Maya and mulayam all are same shit but different a$$ h&^e.

    I am supporting MMS because he is not a politician. Chose the less evil. nothing else.



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  • helpful_leo
    07-28 07:20 PM
    Hello there

    Thanks for your service.

    I needed to ask a very specific question about extending a B-2 visa towards the end of a six month stay for my mom; specifically if she becomes out-of-status during the duration when an EOS application is pending, if the EOS is subsequently denied; and if this (i.e. subsequent denial) voids a multi-year multiple entry visa? I am finding conflicting information on the internet even from USCIS sources about whether or not 212(g) applies when an EOS application is pending.

    Thanks for your time.





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  • unitednations
    02-13 03:57 PM
    Out of those 400K ....200K happen to be India/China...

    Today's projection for me EB3/India is 7-10 years to get GC....
    with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....

    Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)

    Reference
    http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
    Look at a(3)

    (3) Exception if additional visas available
    If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    This is why I mean USCIS/DOS was lazy. If there is total visas for the year (hypothetical 160,000). then only 40,000 are available by quarter. If there is 50,000 applications in the que then there is retrogression. Remember if there is more demand then what can be approved by quarter then retrogression.

    So what this means is that if there is 400,000 approved I-140's but only 300,000 greencards then 7% limit would apply because there are more people in the que then what can be approved by quarter. Therefore, ROW people would still be able to file throughout the year and then whatever is left in the fourth quarter that ROW hasn't used then it would spillover. Therefore, it would still give ROW people to continue filing and taking the visas while the 7% countires have to sit and wait for breadcrumbs until the fourth quarter.



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  • eb3_nepa
    10-23 01:19 PM
    Best of luck!

    Guys I am NOTTT looking to subsitute my labor or anything of the sort. I just want to read through the docs to see what exactly is labor substitution all about. I mean i have read a WHOLE lot about it especially ON here and was wondering how EXACTLY this whole process works.

    If anyone knows any website that explains how LC substitution works please post a link on here.





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  • acecupid
    07-17 11:25 AM
    Even after seeing Aug �08 bulletin are you still saying that it is just a speculation? If that makes you happy - be happy, but unfortunately horizontal spill-over is the fact now. Let us wait and see whether it is a permanent approach or not.

    Let you be the master of INA law; give me the source where it says differently.

    Read my earlier posts for source. Ofcourse it is speculation if you are thinking EB2 will be current in one year :) I would be more than happy if USCIS did that, but try to think logically than expecting miracles to happen. As you said, its a wait-n-watch for results.





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  • breddy2000
    07-26 04:41 PM
    right point to note.

    Also out of the 65K H1 visas that were available since 2003, most of the Visas were consumed by the Big Indian companies.
    Remember when Congress sent letters to the Big Indian companies, there was data related to how many companies applied for how many Visas.

    AFAIK it was in the range of 25k-35k per year combined by all these companies that filed H1s .

    One thing to note is, they do not sponsor GCs for all the applicants.They do them very rarely for the people who are in their 5th to 6th year of H1.Could be in the range of Hundereds and not thousands comapred to the people count they have in US.





    TeddyKoochu
    09-15 06:26 PM
    Friends what are the predictions for the coming bulletins (Maybe it�s too early). My 2 cents, Iam assuming quarterly spillover to happen in December, believe that all residual 2003 / 2004 folks will get approval in the next 2 months (I hope Iam not being too optimistic).

    Nov VB - 01-MAR-2005
    Dec VB - 01-JUN-2005

    If we stay on stable ground i.e. the dates don't go back (Its better they move slowly then go back, seeing the dates go back is the most painful thing) then we can visualize the spillover (this is our only lifeline) better.





    TeddyKoochu
    09-15 05:09 PM
    The spillover magnitude and volume really holds the key to our future, does a quarterly spillover work out better for us, does it help generate more numbers? Looks like the spillover last year was random, how do we explain the date going back to 01-JAN-2000 for sometime before bouncing back? Looks like things are on solid ground this time as unlike the previous years as we did not see a rollback of dates in the Oct bulletin.