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  • sbabunle
    04-29 12:31 PM
    That means---> Once the labor is approved you have to use it in 45 days.
    ie apply for 140 in 45 days or LC is expired...I'm glad they did not propose to file I485 in 45 days :D

    I think 45 days is too short. Since LC cannot replaced, it cannot be used for anyone else. So I dont understand why they need an expiry date too...At lease a LC should be valid for 6 months.

    But we have to wait and see what the final rule is. There may be some changes fromt he proposed rule.

    babu



    Can you anyone tell what the lines highlighted below in blue means ?

    ************************************************** ******

    RIN: 1205-AB42 Agenda Cycle: 200610

    Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity

    Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).

    ************************************************** *******
    i got the above info from the OMB website below -

    http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657





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  • amoljak
    07-26 11:09 PM
    I was approached by a Quixtar "Business Owner" in Ikea. I had fallen in their trap once before and had to listen to the whole business plan and how I was wasting my life working for someone else etc. etc.

    He used his signature opening line: Are you Indian?
    I replied: NO

    Poor fellow didn't know what to say next.





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  • pitha
    09-24 12:10 PM
    If USCIS and DOS were thinking logically what you said would have made sense but time and again they have proved that they act as if they are the masters of there own universe. Example South Korea had about 7000+ Eb2 visas but they are not considered retrogressed country (but that is a side matter, my point is they have there own weird logic and they dont care to disclose the logic behind there decisions.) For eb2 india forward movement to happen spillover of Visas from Eb1->eb2 row->eb2 India should happen every quarter. USCIS and DOS have given no indication what so ever that the spillover would happen every quarter, without spillover we have to wait till august\spetember 2010 for spillover. All you can do is just hope for the best. I am not sure why DOS would not disclose if spillover happens every quarter or not. With this data from USCIS they know the demand for the visas to do spillover every quarter.


    I believe that to maintain a steady 485 EB2-I queue the dates should advance fairly fast till maybe the end of 2007 much sooner than September. Following are the reasons, 6 months back probably there were less pre-adjudicated applications so the focus was reviewing and completing these cases, now most of the applications are pre-adjudicated and the route for steady approvals looks clear like what has happened in Sep 2009 for 2004 cases. There will be a time if the spillover happens as many have predicted then most of the cases will get approved and the pre-adjudicated applications will be less or even dry out, so in the letter and spirit I feel that the 485 pipeline should be equally populated at all steps, considering that the 485 approval process is long and has several steps. This year represents great hope for people who missed Jul 07; I guess its time for the next batch to get EAD/AP, I hope Iam not being over optimistic. Feedback and comments welcome for all.





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  • u.misc
    01-25 02:55 PM
    I thought we're not supposed to pay for H1 and GC. Correct me if I'm wrong? I guess we can only pay for the visa appointment fee.


    I came here in 1999, at that time employer was not bound to pay for H1-B expense. Later USCIS enforced the law and now most employer do pay for H1-B.

    However for GC, its the employer's discretion and there is no written rule as who should bear the cost fo GC filing. I paid for mine.



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  • Macaca
    06-26 09:43 PM
    unless there are enough approvals happening simultaneously, dates would not retrogress in the middle of the month.

    There were lot of approved cases with USCIS. They have started getting their GCs.

    The # of current applicants who will get GCs will depened on # of approved cases USCIS had.





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  • coopheal
    10-10 07:16 AM
    I agree, the notion of fix our problem so that we housing problem is not a good approach.
    Our situation is grave enough that it needs a focus on its own. Our efforts should be to bring this on fore front of the issues being discussed in congress and in public media.

    While it is a good idea to educate the congress regarding the impact the EB Green Card applicants could have on the Housing Market. It is a terrible idea to propose a legislation which would offer GCs to applicants who would purchases houses in US. To put it bluntly, the legislation seems to be meant for selling GCs to applicants who are in a position to afford it, offering GC to applicants who will invest in housing market is akin to giving out GCs for cash and there is already a category for that. How would one factor in the CP applicants like nurses and PT who are waiting in their home countries?
    The idea should be modified to spread the message regarding the positive impact that the EB GC applicants could have on the housing market and not to create a niche category of EB applicants who can purchase their GC to scoot ahead of other less fortunate ones. This proposal should be nipped in the bud before some anti immigrant group or advocate like Lou gets wind of it.



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  • jsb
    06-05 10:18 AM
    Not really the biggest barrier is same or similar job. It is absolutely unfair no not let someone grow into different areas and keep the job exciting. I personally had to pass on so many opportunities even within my own company because of similar job constraint. In fact in many good companies including mine the executives encourage you to get experience in different areas of business before you are considered ready for executive positions and the VP of my division clearly told this to my director that i need to move on to a different job area. In general the AC 21 is risky and if you are waiting for 6-7 years you may not want to take the risk as USCIS make decisions which are unreasonable. AC 21 is also not a law and is subject to interpretation. The deal is that it is completely unfair to not let a person grow professionally and let him or her try different careers. Granted some folks may like to stay in same job area and continue what they are doing and these changes will not impact them but for those who want to try something different every few years this same or similar job rule is a curse.

    EB is based on employer's need and sponsorship. Even AC21 is a deviation (in our favour) after 180 days wait. That seems fair, as permiiting you to ditch sponsoring employer soon after your filing for permanent residency could lead to fraud.

    Any suggested change should not appear to be too much deviation from the original intent. Best potential seems to be for USCIS to communicate preadjudiation decion to clients without waiting for the visa number (stating that the decison letter could be used for GC benefits, such as those given by EAD & AP, until such time formal GC card is issued, which could be done when visa number becomes available). This should reduce USCIS workload as they will not have to keep on working same cases again and again with frequent requests for FP, job confirmation letters, etc.





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  • Ramba
    03-31 08:47 PM
    Even Muslims in Gujarat have started realizing congress is good for nothing.Congress just makes promises that it never keeps up.Uses opportunistic politics.well of course you create opportunities that are helpful to people which will bring prosperity along with awareness.Increased awareness among masses means end to dynastic rule.So why keep up promises and shoot your self right?

    On the other hand Modi who doesn't even need Muslim votes in Gujarat has worked for overall development. In terms of this Imam from Gujarat;
    'Seeing him work for two or three years after the riots, Muslims too felt they had an opportunity to prosper in the peaceful environment that Modi government was creating. He has provided an atmosphere which is conducive for those who want to trade peacefully in Gujarat. Therefore, intelligent Muslims supported BJP during 2007 Assembly polls'

    Apparently there this group called ,'Tablighis ' who have foreign funding ( which was of course was checked by Modi govt) working towards keeping the hatred alive.It's anybody's guess who benefits from such hatred apart from congress party.

    This guy also says:
    'But let me tell you, projection of 2002 riots was much more grave than the situation actually was. '



    But you know congress party that orchestrated sikh riots went to form govt ,Rajiv Gandhi speaking about sikh riots said 'When a banyan tree falls earth will shake' then he went to be country's PM indulging in all kinds of scams.Now his wife,children are holding offices.Congress party guys directly involved in the attacks also keep getting party tickets.That OK?

    Agree hard work,entrepreneurship and other such qualities are in gujaratis's blood.Intersting how until Modi that time of prosperity never came.

    Most of Telugu people are in I.T , but time for Hyd to get onto International map didn't come until CBN.Again during the current Congress regime in Hyd that time kind of took back step.

    Name of that time is good governance.

    I am not defending any party or person. Everybody is equally bad. Let, all the Muslims in Gujarat may start love him, and entire Gujarat may vote for him. That does not matter. My point is that those people who run for high office should not have any criminal background, despite how much qualified or skilled they are. Assume, if you involved in small domestic violence, and if you fail in small background check you will not get GC even if you are a Nobel Prize winner. Think about PM post and its responsibilities.



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  • Kodi
    05-25 12:21 PM
    At what stage do you have to prove funds? Is it in the form of bank statements?





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  • newuser
    09-23 09:15 PM
    E-mailed everyone on the list. Only one bounced ID.



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  • BharatPremi
    12-13 05:09 PM
    If someone from country X, Y, or Z comes in on that same quota, that's OK - but we can't accept folks from countries A, B and C??

    jazz


    Yes, exactly that is the point. What would be the purpose(backdoor policy theme) to implement Per country limit , particularly for EB category? And why IN, Philipines, MX and china are the only choosen ones?





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  • dixie
    05-10 05:03 PM
    even if labor market tests are the right way to go, there is no justification for the enormous bureacracy involved in the US EB system. Consider the time it takes to clear labor certification .. 4-6 months under PERM.Then why another 4-6 years after that to issue the green card ? If the person has already proven he is in a speciality occupation, why the additional bureacracy, and retrogression in the name of "diversity" ? Current policy just smacks of ambivalence.. immigrants are needed for the economy, yet the rules dont acknowledge their utility by offering a painless path to permanent residency.



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  • Rohan99
    07-27 12:46 PM
    United States Secretary of Homeland Security - Janet Napolitano can help you.

    I am extremely interested in this business. Can somebody please refer me, I am in LA?





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  • chanduv23
    06-27 07:29 AM
    It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.

    If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.

    Otherwise this is bogus information coming out of certain law firms.

    And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.

    :D :D :D :D The most successful people in the world are cynics.
    People who initiate this kind of news - have been popular Attorneys. No idea why they do it - maybe to get more people to file and more money etc...



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  • binadh
    07-11 12:45 PM
    BharatPremi,

    Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D

    Chanduv23,

    Even that Angelina seemed to be crazy about USA. If S/he would be happy about everything in Canada why the hell s/he even visit immigration related boards meant for USA?





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  • GooblyWoobly
    07-25 03:52 AM
    VDLRAO - You brought lot of valid points which supported by authentic statistics. But surprisingly Ron�s comment about the Aug bulletin is totally vague. You can throw the numbers to prove your claim but I don�t think Ron really has any such numerical explanation for his statement.

    With all due respect, I beg to differ from Ron (probably for the first time).

    Lawyers are what they are, lawyers. They won't be able to crunch numbers as well as folks in this group. The problem was, previously there wasn't much data to crunch. With that available, I'd take folks like Ron/Oh's comments and predictions with a pinch of salt, and concentrate on vdlrao's predictions.
    Sometimes, numbers won't allow us to predict correctly, as USCIS also has limited ability to crunch numbers properly. However, at those times, all the bets are off.



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  • ita
    04-20 05:13 PM
    Modi did a fabulous job at ripping the congress candidates apart this time.
    Apart from feeble retorts from Priyanka no sound came from other members.Funny Rahul Gandhi,touted to be future PM by the party was ducking for cover with 'I don't react' statement repeatedly.

    One funny instance:

    Congress wanted to make youth a selling point.
    Modi was like OK and then he goes 125 year old(budiya) Congress is not able to understand the problems of current day India.So vote for 30 year old BJP.

    In response to this Priyanka did the most dumbest thing, she goes about asking Media folks and Amethi people if she looks old?(kya mein budiya lagti hun?) Do Sonia,Rahul look old ,thus playing directly into the hands of opposition.

    BJP said when we are talking about Congress party these people are talking about their age.So Congress is Mataji,Putri,Putra(Mother,Daughter,Son).


    This one is quite interesting...........
    ----------------------------------------------------------------------------------------------------
    NAVSARI/RAJULA: Taking the 'weak' prime minister charge further, Gujarat chief minister Narendra Modi said Manmohan Singh was the prime ministerial
    candidate only of the Gandhis and not of the entire UPA.

    "Only the mother (Sonia Gandhi), son (Rahul) and daughter (Priyanka) keep saying that Singh is PM candidate. He is the candidate of Sonia Gandhi's family," he said.

    "Except for Sonia Gandhi's family, nobody is rooting for Singh. Even senior Congress leaders like Arjun Singh and Kamal Nath are not acknowledging him for the top job," he said addressing election rallies in Gujarat.

    Modi appealed to the people to choose between 'dynastic and opportunistic rule' and a nationalist government.

    Modi also said preferably the prime minister should be an elected one and not nominated.

    "Elected PM reflects the strength of democracy while a nominated one depicts strength of dynastic rule. He should have the people's support not just one family's," Modi added.

    He said NCP chief Sharad Pawar "wants to become a Prime Minister. On more than one occasion, his RJD counterpart and Railway Minister too has expressed a similar desire."

    "Samajwadi Party chief Mulayam Singh and BSP chief Mayawati too cannot be ruled out for the job," Modi said.





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  • Caliber
    09-04 09:25 PM
    CHANDUV23 THE TERRORIST:

    It is easy to locate him in New York and give his details to FBI to check his links to underworld, VHP terrorists, and all other things. Your wife is doing residency. Right??

    Hang on, you will be caught before you got GC and will be deported.

    Dealsnet: You do not even know if "_Truefacts" is Chandu or not. Do not assume. It will make an ass of you.

    Why are you talking about family? Shall we also start bashing your family? Shall we start? Are you ready?





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  • go_guy123
    03-19 05:34 PM
    It is easy. www.cic.gc.ca

    BTW, the job situation is not great there. Others can input too


    Yes true. I am planning to do MBA at U of T for 2 years out of the 3
    needed for citizenship. In fact half of U of T Rotman (high rank as per businessweek ) look at US job market after graduation.

    Its good for Finance and Toronto is close to new york area.
    Yes for IT jobs it isnt that good.





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

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





    sledge_hammer
    01-14 02:52 PM
    I would argue that Indian consulting biggies saw that they could offer resources to clients at much cheaper rates than offered by American consulting companies. That drove down billing rates for everyone. Also one cannot deny the fact that persons who faked their resumes have contributed to the decline of the quality of talent pool. Don't get me wrong, bad apples existed and thrived in both big and small companies. But the occurences of such misdeed is/was more rampant in body shops. Some examples are the hiring of fresh grads & H4 & other unskilled workers and passing them off as "high skilled resource".

    On the other hand if American consulting companies bill high rates to clients, they are at leat still paying decent wages to their employees. So wages stay at moderate levels. But what This whole tiered employement brought into play was that the actual employee was not getting paid too much but the client would still pay quite a bit, maybe not as much as what an American consulting company would bill. The wages of IT professionals went down.

    Though this memo is reiterating the same rule again, they want to send a message that body shops are hurting the overall balance of the arrangement they had prior to when desi comapnies setup shops, and that they are keen on eliminating this source of imbalance.

    Aren't billing rates the reason why the Indian IT biggies decided to establish business consulting practices? They are offering to bring the same employee that a PWC or Accenture brings in, but at a lower rate to the client.
    The quality difference is also not huge (one lisps better in English and another doesn't); there's junk everywhere and these big IT companies also hire people at minimum H-1B wage to improve margins. Lot of times you get what you pay for.



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