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  • glus
    03-17 10:24 AM
    Subst_labor, you became an annonymous member today only to post this question. I am sure you must be a regular member of IV but created a new profile just for this question.

    Why don't you tell us how much you bought your labor for? Show us a proof that you have not bought it.

    I think I made a mistake of answering your post and apologize for that to all members. I also urge people not to answer anyone with substitute labor on this forum.

    such people cut in line in front of us and don't even bother paying money to IV. Why should we give them free advice. If they can spend money buying labor for 20K they can spend hundred dollars and consult a lawyer and ask their question. It is with such mentaility they are brought up with in their country- Currption and getting things done with money. But never paying anyone for a just cause. In my country people contribute only when they fear god in temples, for medical treatment or to astrologers!!


    I also urge moderators to close such threads on this forum whenever someone is diagnosed with a substitute labor cancer. Yes it is a cancer that is worsening retrogression further.

    At least on this forum we can have the resolve to fight such people who are hurting most of us.

    Now if someone argues with me on this post, then it will mean that either that person has himself bought a substitute labor or is looking for one. So don't even bother because a lot of members after reading this post will come hard on people who are ok with substitute labor on this forum.

    janakp,
    I do not get it what's your problem someone is asking for advise with his/hers labor subs. As far as I can see it you should not ask personal questions such as "tell us how much you paid" etc. I don't think it is your business. A person asked for advise, so if you can help him, why don't you do it? Labor Substitution is still LEGAL and your assumption that everyone buys labor does not necessarily must be true. Think about it.





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  • kuhelica2000
    02-12 08:21 PM
    Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.

    No matter which side you are on, the quota system sucks. Period.

    1) Once you start receiving benefits out of being born in a particular country/ race/ sex/ religion, a notion of "entitlement" quickly builds up within you. This adversely affects your ability to perform, for you just don't have to work hard enough!
    2) If you are punished for being born in a particular country/ race/ sex/ religion, you have no incentive to perform, as you won't get what you deserve no matter how hard you work!

    How about this... during every Olympics, most number of Gold Medals are won by Americans. Now imagine a rule that prevents more than 7% of all Gold Medals going to people born in any one country. How does that sound?

    I will myself hate it if athletes from India (who haven't won anything in the Olympics till date) started winning gold medals simply because other countries cannot receive more than 7%!

    Of course, removing country caps will face opposition, but it should still happen, just because it is the right thing!





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  • gc28262
    06-12 09:52 PM
    Exactly what I had tried to express, you have succinctly put them in numbers. Thank you

    BTW senthil1 is an anti-immigrant and one of the most despised individual on this forum for his "close the door behind me" attitude. You guys together will definitely have a good time !





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  • life99f
    06-27 12:25 PM
    I just asked my attorney this morning. She thinks it is possible. She got a
    note reagrading the EB-3 category two weeks ago...

    ===>EB-3 Other Worker Visa Availability Update posted Jun. 15, 2007

    USCIS has informed AILA Liaison that the State Dept. has advised that the EB
    -3 Other Worker category has been exhausted. USCIS HQ has informed the TSC
    and the NSC to reject EB-3 Other Worker adjustment applications even though
    the June Visa Bulletin shows visa availability. AILA believes this
    instruction is contrary to 8 CFR 245.1(g)(1) and has raised the issue with
    USCIS HQ. Watch InfoNet for further developments.



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  • rajesh_kamisetty
    07-11 11:54 AM
    Agree.
    Very well written...





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  • old_hat
    05-02 11:41 PM
    You Moron...open your Freaking eyes and read all the posts here. No one is supporting the LTTE. Why do you deviate from the topic again and again. We are talking about the civilians getting killed...but your freaking mind things and talks only about LTTE.

    dude if u have no arguments, stop from calling names. i am not the one to be riled by intenet name calling. it is no bravery.

    See my other posts and you will clearly see i have said that civilians need to be protected whether they are in darfur, kosovo or lanka. and i was replying to this particular person who was claiming

    <i>It is Indian gov. lobbied efforts to ban LTTE by western country. they are well organized, disciplined and high tech group. some people raise another issue, they recruited young children to fight,</i>

    this guy is clearly condoning LTTE. Dude either you get a pair of glasses or get some arguments with logic and yeah calling someone moron is not an argument.



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  • rajesh_kamisetty
    07-10 11:17 AM
    I need to hear more stories like this to realize I won't be alone when time comes for me to pack up.

    Me and my wife really like to live and work in other parts of world and we have even asked my company to send us out of USA. The only reason for me at this point to pursue GC is for my wife be able to work part-time.

    Otherwise, I am very content being on H1.





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  • samay
    07-06 12:03 PM
    My LC applied in Feb 2008
    LC approved Apr 2008
    I-140 Applied May 2008

    My 6th yr H1B expires Dec 2008
    H1B Maxout Jan 2008

    I am short by around 20 days Should i recapture the days by going out of country for 20 days and apply H1B 1yr extension, Will i Qualify for 3 yrs in this case...?

    or should i just Apply for I-140 PP in Oct 2008 and 3 yr H1B Extension without worrying about recapturing 20 days.

    Hello

    In order to qualify for a three year extension one has to have an approved I-140. From the given facts I understand you will be eligible for one year H-1 B extension in February 2008. You can apply for an extension of H-1 B for a recapture of the days you spent outside India. You are not required to get out of US so long as your petition for extension is pending with the USCIS. Alternatively you can apply for premium processing of I-140 (when it commences). The benefit of course will be that you will be able to get a three year extension. You will have to weigh the cost of the PP with the cost of the H-1 B extension.



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  • cbpds
    01-14 02:27 PM
    Would it affect ppl who have to go for stamping as well?

    What these guys are really trying to achieve is bring back the good old days of high billing rates. I guess they see that the desi consulting company is responsible for driving down the quality as well as rates and salaries. The memo gives examples that would make it ok for large consulting companies like Accenture, Infy, PWC, etc, but not ok to be a *tech or *soft desi consulting company.





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  • villamonte6100
    12-14 01:41 PM
    I totally agree with you.


    Think of lobbying as polite negotiation.
    Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
    Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.



    This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.



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  • jchan
    07-25 12:09 PM
    EB2 India/China BECOMING CURRENT IN THE NEAR FUTURE IS INEVITABLE.

    A question about the FB spillover: according to your data, there are about 30000 FB visa spillover from last year. But does USCIS have to use up all of them? If the answer is yes, then the September VB will very likely be current. If the USCIS only need to use up the 147000 EB and use whatever portion of the FB spillover, then September VB may not move.





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  • rayoflight
    08-15 02:00 PM
    Well it is a big deal for all Indians. I am not talking per se about SRK but as a fellow Indian. Does it take 2 hrs to ascertain his identity when he was here as a guest to the Indian Embassy as a Cultural Ambassador of India to participate in the Indian Independence Day Celebrations!!!

    Some of you raised excellent points like would the US Media keep quiet if a Hollywood star is treated out this kinda treatment in India or any country?

    Would it keep quiet if:

    1) Their ex-president is searched by an airline staff

    Our ex-president Shri Abdul Kalaam was searched by Continental

    2) Hollywood star is strip searched in a foreign country

    Amir Khan was strip searched in Toronto Airport

    3) Hollywood star is questioned about their nationality because they dont like American

    Neil Nitin Mukesh was questioned in 2008 whether he was Indian since he didn't have features.

    and many more incidents...

    - Rayoflight



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  • sunnymit
    07-30 02:37 PM
    I met this dude in Secaucus (NJ) Walmart yesterday. I was looking for an ice-cream so he pretended to do the same. Smiled at me once and then just as I was walking away from the ice-cream sections comes over with a very nice hello. Started talking to me "as they always do" but I think this time he forgot where he was. First asked me "Do you know where is a Walmart around here?", quickly realized he is in one right now, checked, and continued, "I mean, this is one but do you know another one around here?". Then "Do you know when this closes", "Is this 24/7 walmart". I mean.. seriously dude! You think I am the best person to answer those questions for you - why? Best of all, he says he just moved here from Harrison (NJ) which is like 5 miles from the Walmart he was in!

    Totally confused this guys, me thinks :)





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  • sroyc
    09-24 04:38 AM
    Please see my inline comment.

    Based on following link:

    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    This is incorrect. ICMP get 7% of the 28.6%. ROW gets roughly 28.6% - 4 X 7% X 28.6%

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.



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  • binadh
    07-11 12:50 PM
    Same with the Guy you just Bad Mouthed... He said that he Loves = Prem USA. Oh well forget about it. .... YOU ARE ALWAYS RIGHT.


    My "Avtar Name" is "BharatPremi" not "BharatVasi" To do "Prem" you do not have to be "vasi":)





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  • grupak
    12-13 11:25 AM
    Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.

    Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.



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  • dilipcr
    06-12 07:03 PM
    Grassley bill will not close the door for immigrants but will decrease substanially from 200k(H1+L1) to 80k. But retrogession will go down and those 80k will have less problem in getting green card. You can chose whether to allow unlimited L1 and 125K h1b and 10 to 15 years waiting time or allow 30K L1 + 50K H1b and 3 to 5 years waiting time in green card. Which option will be better for you? If your skills are not good certainly you will not want any restrictions. If your skills are excellent you will survive whatever restrictions they put. They cannot reduce H1b below 65k as that is a part of WTO. So there is no one can block H1b program.

    Exactly what I had tried to express, you have succinctly put them in numbers. Thank you





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  • chantu
    05-01 02:41 PM
    Forget fellow Tamils in SL.....Our CON govt under weak Puppet PM MM Singh cannot protect his fellow citizens. See the link from the US state dept.

    http://www.state.gov/s/ct/rls/crt/2008/122434.htm

    "In 2008, India ranked among the world�s most terrorism-afflicted countries."

    And we still find a large number of educated Indians still vote for this WEAK PM.





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  • pappu
    07-03 10:24 AM
    Dear IV members,

    We are starting this Free service for all our members. IV members can ask Immigration questions to an immigration lawyer. the immigration lawyer will be regularly visiting this thread and our forums to answer questions. The aim of this feature is to allow our IV members access to information and for free. IV is not getting paid by this lawyer or is paying this lawyer. Our intent is to help our community as much as possible.

    The immigration lawyer has kindly accepted to help our community for free without even demanding any publicity for the lawfirm. Thus we have decided to keep the identity of the lawfirm hidden for the time being.

    The lawyer will visit this thread and answer questions from our members. Preference will be given to active members and members whose profile information is complete. This service will be expanded further in future. Monthly subscriber (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44) members can choose to get phone consultation and immigration paperwork done by this lawyer at a discounted price. If you are a monthly subscriber, and want legal services, you can contact IV with a proof of your subscription and we will have you get in touch with the lawyer.

    You can post on this thread all your immigration questions.

    By posting on these forums or reviewing a post of any question or answer, you agree that you have read and understand the following disclaimer:

    The information provided on these forums as well as any transcripts posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during these forum post exchanges, . You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided in any post was pertinent at the time of the posting, but may become outdated. We are not responsible in any way for any outdated materials or any post from the attorney.The service is provided on IV by an IV member who is also a lawyer. It is not legal advice but only for information, and no attorney-client or confidential relationship should be formed by use of these forums. This is in no way an endorsement by IV of this lawyer and IV takes no responsibilty if there are any issues that arise from the answers. By posting on this thread, you also agree with the terms and conditions of this website.

    IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY FORUM POSTS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.





    jonty_11
    06-28 06:16 PM
    Visa Bulletin April 2007
    PD for Other workers category was 01 Oct 2001

    E. VISA AVAILABILITY DURING THE COMING MONTHS

    Employment-based: It is likely that the Employment Third Preference �Other Worker� (EW) category will become unavailable beginning in May.

    Both of these issues are the direct result of low annual limits and very heavy demand for numbers, primarily for adjustment of status cases at Citizenship and Immigration Services Offices.

    Visa Bulletin for May 2007
    PD for Other workers category was U (unavailable)

    E. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY BECOMES �UNAVAILABLE� FOR MAY

    The Employment Third Preference �Other Worker� category is expected to reach the annual numerical limit during April. As a result, the category will become �Unavailable� beginning in May and will remain so for the remainder of FY-2007.

    Visa Bulletin for June 2007
    PD for Other workers category was 01 Oct 2001

    D. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY FOR JUNE

    A few �Other Worker� numbers which had been allocated for April were returned unused at the end of the month. As a result, a very small June allocation has been possible, for applicants with priority dates before October 1, 2001. The category will become �Unavailable� once again beginning in July and will remain so for the remainder of FY-2007.


    So the VB does in fact indicate that there is only a "small June allocation" possible.
    This is positive info..
    At least nothing like this was posted for EB2/3 categories.....fingers crossed.





    eb3_nepa
    10-23 02:08 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



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