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  • maddipati1
    10-02 03:27 PM
    im surprises why this is not already a part of this proposal!

    its a simple logic to include those who already bought a house.

    great idea nixtor.

    aps, no one keeps their money in bank as cash. everyone must have invested somewhere else. they should bring it back. thats the idea here. if u don't like the idea why not you keep out of this.


    Current homeowners who are waiting for their GC MUST also be exempted from cap. This clause has to be there. Without having any gurantee of getting GC these folks have invested their savings in buying home even when the prices were high, WHY because they had real intent of making US their permanent home. So these people should too be exempted from EB cap.





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  • sweet_jungle
    07-04 12:28 AM
    do we just need to access it?

    so much!!





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  • soljabhai
    12-14 04:39 PM
    Following text is from IV's about page

    America has had per-country ceilings since decades on family based and diversity-lottery based visas and it makes sense to have uniform distribution of visas to countries where the basis for immigration is family relationship and family reunification. However, in the employment based immigration system, the petitioner is the employer who wants the retain the employee and facilitate employee retention based on skills, knowledge, education and talent. Employability has nothing to do country of birth. We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    In other words IV itself holds the position challenging the merit of "Nationality Origin" in "Employment Based Green Cards"





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  • cps060
    03-19 05:31 PM
    I also have my canadian PR. I know that I have to physically stay in CA for 2 years out of 5 to keep it alive. My question is if I enter just before my fourth year and live only for one year in CA .... what would happen ? At the end of fifth year when my PR card expires, will I have to leave CA ? Or is there any other visa on which I can move to or is there a way to re-apply for PR in the last year itself ?

    Basically bcuz of the retregression I want to go to CA but I have seen so many -ve posts about job scene that I am apprehensive. Hence was wondering if I can wait till the fourth year and still this GC mess is not solved would it be possible somehow to stay in CA beyond the fifth year.



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  • Legal
    07-23 12:50 PM
    Legal,

    I hope you are right. But I am not convinced because there was a statement in USCIS testimony that they used up 65% of their target in first 5 months. So even if they used up just 30% in next 5 months, there will be very few Visas left over. If their target did not include the spill overs, then you are right. But in that case, a part of the spill over should also go to EB3. So EB3 should open up again. I am also EB2. So I hope you are right. But as of now, it appears that either there are not many visas left over or it can be that USCIS target was very low.

    that EB3 quota has been used up for this fiscal and will re-open in October only. I assume you're wondering whether some FB spill over would go to EB3. If that's the case they wouldn't have announced EB3 quota is over.





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

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

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

    Thanks

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

    ( :) Take this post lightly )



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  • Saralayar
    07-03 10:40 AM
    My son recently finished his high school and wanted to do Dental degree in India. My current situation is I have applied for adjustment of status in July 2007. Me and my family got the EAD and AP. My priority date is Eb3-November 2005. WIth this mess, I am not sure when I will get my green card.
    My question is:
    Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
    Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.





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  • Administrator2
    09-23 10:28 AM
    We believe that this is a great idea to address our issues and at the same time allows us to do our share in the time of crisis. Please send the personalized email communication ASAP as the key lawmakers are in the process of discussing possible package to address the economic/housing crisis.

    Even if this is not designed to directly help your situation, please understand that if such a proposal is accepted, it will make most green card applicants exempt which will free up visa numbers for those who do not want to seek such an exemption. So it is a win-win situation for all. Kindly send communications ASAP.

    Thanks,



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  • immiMar2005
    07-29 11:54 AM
    Dear Attorney,

    I was sponsored for a GC by my current employed through EB3-India category with a PD of Mar 2005. I currently have a three year H1B visa valid until end of 2010 based on the approved I-140. I was unable to file for 485 during last year's July fiasco.

    Do you see any issues with my taking up a job with a new employer and maintaining my current GC process? Filing a new I-140 under EB2 is a possibility as well.

    Thank you in advance!





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  • BharatPremi
    07-13 01:47 AM
    As I mentioned, I love it in the States. But to love the States is not to say other places are not also very good. And when weighing your options between perpetual immigration and settling somewhere else, there might be value in considering other options. Which by the way, is the point of the this thread. Perhaps nuance is lost on someone of your obvious genius.

    Also, I was quoting from a set of facts related to The Economists quality of life Indexes. Helping to inform people. In addition to that, I've lived many, many years in all 3 countries.

    You on the other hand, contributed exactly what to the conversation?

    I hope you recall your message to me next time you complain about the US immigration system and they say "So? If you hate it so much, why don't you F@@K off back to where you came from?"

    SWO,

    I would not take much to reply your junk...I have also replied to other one so please read that... I can be ready to read your ... if you first prove by taking Canadian Immigration and start writing this junk from your promising land of Canada. IN that case not only me but many others would see legitimacy.As long as you are on USA land please do not be contradictory... That is it. Bye for now.



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  • eb2_mumbai
    09-15 03:10 PM
    Since EB2-I is slowly catching up with EB2-C, future spill overs will be split between the two categories and not all will go to EB2-I.
    you are correct India will get only 50% of sipill over numbers and we need to take into account how many China applications are pending (perhaps there are more China apps than India in EB2)





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  • trramesh
    06-15 11:00 AM
    For most of the ppl with hateful comments, Reality sucks and bites back. I agree with dilip and unfortunately, among billions voices and opinions dont matter. Just brutal personal attacks.

    That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).

    If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).

    Grow up folks.

    As the saying goes, there are two sides to a coin, and there is definitely some truth in the counter arguments. There are quite a few blood sucking desi consulting cos out there, and those need to be cleansed out to protect our own country men from exploitation.

    Coming to the point of GC, it is the US gov that gave H1B and invited these people to come and work here to support its companies. At that point, it did not apply country quota. Now when it comes to adjudicating GCs, this unfair concept exists. The process should be unifiorm and fair. If GC and citizenship needs per country quota, so does H1B. Keep everyone at the same level. How is someone from a non retrogressed country more worthy to US than his counterpart from a retrogressed country.

    We cannot change what had already happened, and fortunately or unfortunately, we are here looking to have our future in this country. We also need a clear path to immigration. I think it is the moral responsibility of the US gov to show us just that. If the US gov wants to protect the jobs for its citizens, one cannot blame it, but dont let the L1s and H1Bs that you had already brought in years ago to rot in retrogression. After all, these guys also have a family and a career to take care of.

    The point I am trying to make is, let us not get into arguments that take us nowhere. Let us rather focus on newer ideas to make our voices heard. Let this forum serve its purpose.



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  • Pineapple
    12-14 02:54 PM
    Yep.
    So what you are saying, in other words, is 7% limit is for every country in the world (Except USA:)) correct?





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  • voldemar
    03-29 03:02 PM
    OK, I've done some more homework and this is what I found in the proposed rule text:

    Basically it says that the rule applies to:

    (i) pending labor certification applications and
    (ii) approved labor certification which have not yet been filed with USCIS

    So it looks like you won't be affected if your case is already pending with the USCIS.Good catch!



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  • kaisersose
    07-29 12:21 AM
    I presume the decrease in labour filing in 2008 might be a possibility due to the offshore Indian companies which shifting to H1B sponsorship instead of L1 sponsorship. Because most of the L1s being rejected with these companies recently. So they switching to H1 sponsorship. And obviously they normally dont sponsor GC. So this is just my thinking on why the labor filings decreased in 2008 compared to 2007.

    http://www.myvisajobs.com/reports/Sponsor/Top500_h1b_visa_sponsor_2005.pdf

    There is the added restriction that the employer has to now pay for PERM. SOme employers may have some way of working around this, but it definitely has an impact in reducing the number of applications.





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  • alisa
    02-13 08:07 PM
    You may not be wrong! (Though you are stretching it a bit too far.)
    We are not here to do justice. We are all here for our self-interests.

    I am eating 3 times a day and looking for the fourth meal. Meanwhile there is a bunch hanging around the kitchen looking for atleast 1 meal a day. The food supply is limited. If i join with those , i might be in a situation of 2 meals a day. Even though justice is done with respect to whole lot, there was some injustice to me. What is then the incentive to work with IV ? Wasn't that the tone of question ?



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  • Legal
    07-21 05:34 PM
    Sorry, silly question. Does this mean that these 32k visas are available to the EB2 I/C folks in Aug/Sep?

    Nothing can be silly when it comes to interpreting USCIS rules and regulations.

    Unused numbers should be used before Sep 30th. There is no mechanism for overflow of numbers to next year.





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  • captain
    03-26 01:18 AM
    Hello All,

    I have one question.My employer is pursuing me to go for labor substitution
    which is filied in Feb 2004.I got my H1 from Oct 2006.My skill sets and experience is matching with the orginal labor application.
    It is not approved labor, but just labor application(EB3 application).
    Can anyone tell me the time required to get name transfer on original labor application ? and whether it is beneficial to go for it instead of filing under PERM process.

    Thanks in advance

    Captain





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  • jonty_11
    02-15 04:06 PM
    Guys, we have other important things at hand. Lets work on letter campaign and making ppl aware of it. There is no point in these discussions, we need to attack the problem at its core.!!!!!





    kuhelica2000
    02-15 04:47 PM
    Dingudi,
    I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.

    I am an Indian and also came as a student giving GRE/TOEFL. So do not generalize that IT workers from India came here via L1/B1 route. Some of them did but some did not. I know lot of Indian who came here to study.

    If India is producing more people qualified in these skills then its not their fault.





    Macaca
    01-16 11:58 AM
    Wonder what is being achieved from these "lively" debates other than feeding the other side with enough ammo to decimate all of us.

    Nearly all laws/regulations originate from such garbage.

    Hira/Matloff's US born donkeys scavange these blogs 24/7. Some of these scavengers are hired.

    The garbage is then processed by Hira/Matloff.

    The processed garbage is passed to Dustbin/Grassley/Sanders and Herbst/Thibodeau. Herbst/Thibodeau print this garbage after adding sleaze (curry, slumdog, ...) and generalizing to all Americans. They pre-inform these (less then 10) donkeys who add more garbage within an hour and continue with distinct names. They block everyone out to give the impression that these are mainstream American opinions.

    Then, Dustbin/Gr assley/Sanders propose laws and USCIS makes regulations claiming all Americans are severly impacted.

    There is no problem if it true. But 80% is complete garbage.

    The 20% truth is a personal problem. It does not require a law/regulation - specially, a law/regulation to kill the entire system backdated for 10 US born donkeys.

    This is also the story of the Dustbin/Gr ass ley curry bill (in CIR 2010).

    Hira/Matloff have lied their ass off. At every level!

    It is very unfortunate that USICS/lawmakers (other than Dustbin, Grassley, Sanders) pander to these scumbags. Such laws/regulations will not provide any relief to these donkeys.



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