ragz4u
10-24 12:52 PM
I was under the impression that only an 'approved' labor can be substituted. I recently had a conversation with a friend whose company attorney had told him that even unapproved labors stuck in the Backlog center can be substituted.
I am pretty confident that this is another case of an unethical, not-well-versed lawyer wishing to make a quick buck, but can someone please enlighten me if I am wrong?
I am pretty confident that this is another case of an unethical, not-well-versed lawyer wishing to make a quick buck, but can someone please enlighten me if I am wrong?
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pappu
04-01 12:45 PM
Calm down everyone.
The thread was posted in a seperate area we have created for such posts. As Marphad said, you cannot discuss immigration all day. IV is a platform for everyone in the community to be together. If you just talk about immigration, we may not get the number of people we need for action items. When we start action items to make calls, send faxes etc, we want people sending it in thousands and not hundreds. It hurt us last year when we had such action items and participation was thin. If we make the forums strictly to discuss immigration it will hurt us in time of need when we will desperately need massive participation. This is part of a plan in moving forward for IV and we are building a platform for immigrants to come and stay here and consider it as their home. This work is still under process and you will see its fruits when we have a big bill like CIR. There is a possibility of CIR after August and we need to be ready for it. We are hearing health care reform coming before CIR at this time. There is pressure from CHC and it will be tough to ignore.
So do not get emotional and start fighting. It is tme to be united and increase the membership of our community. We will need to burn the phone lines and jam the fax machines with our participation when the time comes.
I have deleted my post on this thread. As an administrator I represent IV and I will keep in mind not to air my personal views on politics as they can be misinterpreted as IV's views.
Thanks.
The thread was posted in a seperate area we have created for such posts. As Marphad said, you cannot discuss immigration all day. IV is a platform for everyone in the community to be together. If you just talk about immigration, we may not get the number of people we need for action items. When we start action items to make calls, send faxes etc, we want people sending it in thousands and not hundreds. It hurt us last year when we had such action items and participation was thin. If we make the forums strictly to discuss immigration it will hurt us in time of need when we will desperately need massive participation. This is part of a plan in moving forward for IV and we are building a platform for immigrants to come and stay here and consider it as their home. This work is still under process and you will see its fruits when we have a big bill like CIR. There is a possibility of CIR after August and we need to be ready for it. We are hearing health care reform coming before CIR at this time. There is pressure from CHC and it will be tough to ignore.
So do not get emotional and start fighting. It is tme to be united and increase the membership of our community. We will need to burn the phone lines and jam the fax machines with our participation when the time comes.
I have deleted my post on this thread. As an administrator I represent IV and I will keep in mind not to air my personal views on politics as they can be misinterpreted as IV's views.
Thanks.
aka
12-13 11:50 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.
This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).
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Green_Always
08-15 05:42 PM
Why should it be a surprise?
How do PoE officers know if he is a film star in some foreign language movies?
Even if they knew, why is SRK so special that he should not be checked?
There was an instance when a pop singer from India(Daler Mehdi) was accused of smugling illegal immigrants disguised as musicians. Point is, if somebody is a celebrity, that does not make him/her un touchable?
I agree 100% simply Indian Media make more of this. I know only one face of SRK, who knows such big guys what they are into ?
How do PoE officers know if he is a film star in some foreign language movies?
Even if they knew, why is SRK so special that he should not be checked?
There was an instance when a pop singer from India(Daler Mehdi) was accused of smugling illegal immigrants disguised as musicians. Point is, if somebody is a celebrity, that does not make him/her un touchable?
I agree 100% simply Indian Media make more of this. I know only one face of SRK, who knows such big guys what they are into ?
more...
rajuram
02-14 11:51 PM
How would letting "people" know that there is a problem help? The only people that matter are politicians.
I tried to determine, on a separate thread, the wait times for EB-2 India, EB-3 ROW, and EB-3 India.
ANd I failed miserably. My models didn't make much sense. So I quit trying to come up with a reasonable, mathematical, estimate on the wait times.
The reason I was trying to determine wait times, was so that I could then convince people to join and contribute for IV. Basically, a media campaign, geared towards our base.
Anyway, the point of this post is this. I don't need reasonable, mathematical estimates. Maybe, all I need is a quote. A quote from someone knowledgeable, like Aman. Or some lawyers association. Some chimpanzee from USCIS. I don't know. Just something that says 'It will take 10-15 years for EB-3 India to get their greencards.' Or something like that for EB-3 ROW/EB-2 India.
That could be used to let people know that there IS a problem. Trust me. A huge majority doesn't even know that there is a problem.
I tried to determine, on a separate thread, the wait times for EB-2 India, EB-3 ROW, and EB-3 India.
ANd I failed miserably. My models didn't make much sense. So I quit trying to come up with a reasonable, mathematical, estimate on the wait times.
The reason I was trying to determine wait times, was so that I could then convince people to join and contribute for IV. Basically, a media campaign, geared towards our base.
Anyway, the point of this post is this. I don't need reasonable, mathematical estimates. Maybe, all I need is a quote. A quote from someone knowledgeable, like Aman. Or some lawyers association. Some chimpanzee from USCIS. I don't know. Just something that says 'It will take 10-15 years for EB-3 India to get their greencards.' Or something like that for EB-3 ROW/EB-2 India.
That could be used to let people know that there IS a problem. Trust me. A huge majority doesn't even know that there is a problem.
GCA
10-29 01:03 PM
Giving GC's for buying home seems toomuch biased and benefits only a subset of EB, and totally shifts the basis of the EB category.
On the other hand, if their visas can be exempted from the visa numbers(annual quota), but still tied to the visa dates being current for their priority dates, this will benefit the entire community and law makers can justify the approach without stiff oppositions, if any. To me this feels lot more reasonable and everyone(EB applicants) will evenly benefit from this.
Almost 20-30% of the Eb appl. from 2001-2005 should be already in a position to buy or bought a home. That should help dates move faster for older dates.
Just a thought. But this alone will NOT resolve all our issues and backlogs. Just speedsup the date movement in a steadily manner.
On the other hand, if their visas can be exempted from the visa numbers(annual quota), but still tied to the visa dates being current for their priority dates, this will benefit the entire community and law makers can justify the approach without stiff oppositions, if any. To me this feels lot more reasonable and everyone(EB applicants) will evenly benefit from this.
Almost 20-30% of the Eb appl. from 2001-2005 should be already in a position to buy or bought a home. That should help dates move faster for older dates.
Just a thought. But this alone will NOT resolve all our issues and backlogs. Just speedsup the date movement in a steadily manner.
more...
unitednations
02-13 03:03 PM
I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.
Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.
As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".
At the end, first-come first served should prevails.
The 7% is a maximum.
They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.
Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.
As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".
At the end, first-come first served should prevails.
The 7% is a maximum.
They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.
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alkg
09-24 03:29 PM
I don't think this all is going to work out in any way.
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boreal
05-29 01:45 PM
I strongly feel you guys are right regarding EB1 misuse. I also know of some people who are applying in EB1 using these loopholes. we should do something to stop this fraud.
So overall maybe 2k-3k EB1s are gone to those fraudsters! Big deal? How good a visa movement will we get if we prevent that? By stirring this stink pit, we are only doing more damage to our cause. This is another bullet for those antis to pick up on and malign us even further. Why even discuss such things?
So overall maybe 2k-3k EB1s are gone to those fraudsters! Big deal? How good a visa movement will we get if we prevent that? By stirring this stink pit, we are only doing more damage to our cause. This is another bullet for those antis to pick up on and malign us even further. Why even discuss such things?
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immigrationvoice1
02-14 01:18 PM
You are assuming of course that all those who fall in the India category are Indians - I am not. I'm a Canadian who happened to be born in India and thus fall into that same bucket. My fellow Canadians who were born in Canada and are now in the US all support me in the removal of per country limits. Let us be more accurate and refer to this as the "mood amongst fellow Indian-born applicants", as opposed to "fellow Indians".
With one fifth of the world population born in India, we probably consider everyone who has anything to do with India as "Indians" (as Russell Peters, another Indo-Canadian (Anglo Indian) said, "Indians - the ones from the Convenience stores and NOT from the Casinos!"), its the same thing...."Desis" would be a wider term I believe! We love all !
Welcome...
With one fifth of the world population born in India, we probably consider everyone who has anything to do with India as "Indians" (as Russell Peters, another Indo-Canadian (Anglo Indian) said, "Indians - the ones from the Convenience stores and NOT from the Casinos!"), its the same thing...."Desis" would be a wider term I believe! We love all !
Welcome...
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ramus
07-04 08:56 AM
Good morning..
Please put your updated post..
I am very glad to see every member is bringing so much energy here.
Others: Please scan and go through 100 pages of our breaking news thread and come up with issues.. Be very specific as lengthy post could cause confusion.
Macaca thanks again..
Firstly, we need to identify all issues as bullet points. This is the outline/skelton. Then, we choose words to express the bullet points.
These issues were mentioned in the 100 page other thread. Please scan it and post all issues in this thread. I will keep adding them to my original post. Check the time updated on that post to make sure that I have included your issue.
Since Zoe Lofgren is also saying that it may be illegal, looks like it may be illegal. Zoe worked in USCIS before.
Just woke up. Good Morning!
Please put your updated post..
I am very glad to see every member is bringing so much energy here.
Others: Please scan and go through 100 pages of our breaking news thread and come up with issues.. Be very specific as lengthy post could cause confusion.
Macaca thanks again..
Firstly, we need to identify all issues as bullet points. This is the outline/skelton. Then, we choose words to express the bullet points.
These issues were mentioned in the 100 page other thread. Please scan it and post all issues in this thread. I will keep adding them to my original post. Check the time updated on that post to make sure that I have included your issue.
Since Zoe Lofgren is also saying that it may be illegal, looks like it may be illegal. Zoe worked in USCIS before.
Just woke up. Good Morning!
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ash27
05-29 01:26 PM
For all those who are stating that filing in EB1 should not matter, please withdraw your application and let other people in line move ahead. Give me 1 simple reason, why should we not raise this issue. In hindi, there s an old saying "boondh boond karge ghara bartha hain"....
I will request all of you to send letters to USCIS to raise this issue and lets have a close scrutiny of all EB1 applicants received/filed....I understand that this is not the solution but i am pi***** at people using loopholes all the time.....
I will request all of you to send letters to USCIS to raise this issue and lets have a close scrutiny of all EB1 applicants received/filed....I understand that this is not the solution but i am pi***** at people using loopholes all the time.....
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gc4me
02-13 01:11 PM
Any of you want to join with me with this drive? Let's form a group and sue the USCIS for misallocation of visa. If any one is interested, please PM me.
immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?
Can we sue USCIS? Let's discuss.
In that case, let's hire an attorney.
immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?
Can we sue USCIS? Let's discuss.
In that case, let's hire an attorney.
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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
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
more...
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gc_chahiye
06-28 12:59 PM
Already it happened for other workers category last month. In mid july THEY WILL STOP accepting 485s if they receive more than they could process.
For the Nth time, it has nothing to do with how many they receive. If they APPROVE more than the number of available visa numbers, THEN they could/might stop accepting new applications. As long as existing visa numbers are available, they will keep accepting new 485s, thats the law.
For the Nth time, it has nothing to do with how many they receive. If they APPROVE more than the number of available visa numbers, THEN they could/might stop accepting new applications. As long as existing visa numbers are available, they will keep accepting new 485s, thats the law.
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bayarea07
07-22 02:54 PM
I would agree with you on this for normal people but not for amway folks, when you are continously being pushed to being on the verge of harrasment then i would think that every human being would behave the way as we do
Moreover they are the ones who push people to behave that way.
Respect is all give and take.
I have been following this thread for last couple of days and I feel I need to make few points. I remember when this amway/qucikstar thing started several of my close friends got entangled and tried to involve me. However, every time I bailed myself out by clearly mentioning to them "Right now, making lot of money is not in my top priorities. I want to focus on my carrier." Fortunately, I was able to fend off the proposals and clearly make my point.
In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!
Moreover they are the ones who push people to behave that way.
Respect is all give and take.
I have been following this thread for last couple of days and I feel I need to make few points. I remember when this amway/qucikstar thing started several of my close friends got entangled and tried to involve me. However, every time I bailed myself out by clearly mentioning to them "Right now, making lot of money is not in my top priorities. I want to focus on my carrier." Fortunately, I was able to fend off the proposals and clearly make my point.
In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!
more...
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bayarea07
07-22 02:54 PM
I would agree with you on this for normal people but not for amway folks, when you are continously being pushed to being on the verge of harrasment then i would think that every human being would behave the way as we do
Moreover they are the ones who push people to behave that way.
Respect is all give and take.
I have been following this thread for last couple of days and I feel I need to make few points. I remember when this amway/qucikstar thing started several of my close friends got entangled and tried to involve me. However, every time I bailed myself out by clearly mentioning to them "Right now, making lot of money is not in my top priorities. I want to focus on my carrier." Fortunately, I was able to fend off the proposals and clearly make my point.
In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!
Moreover they are the ones who push people to behave that way.
Respect is all give and take.
I have been following this thread for last couple of days and I feel I need to make few points. I remember when this amway/qucikstar thing started several of my close friends got entangled and tried to involve me. However, every time I bailed myself out by clearly mentioning to them "Right now, making lot of money is not in my top priorities. I want to focus on my carrier." Fortunately, I was able to fend off the proposals and clearly make my point.
In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!
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kanakabyraju
09-04 08:13 PM
We are called dogs, because we discuss things, then what are we called if we don't and accept things in India as they are.
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chanduv23
02-13 10:39 AM
You are right chanduv. If ppl are not even participating in letter campaign itself what to expect abt all this lawsuit stuff.
We must learn from the Jews, Italians, Patels, the african amerifcan comunity, the anti immigrants - what unity can achieve.
We seldom see them blaming their community efforts - they are strong and America is the apt place for them because they are strong. They built the system for themselves.
We are always followers - divided - fighting among ourselves - challenging our own credibility.
I do not want to deviate the intent of this thread. let it continue - but every topic must have a reality check.
We must learn from the Jews, Italians, Patels, the african amerifcan comunity, the anti immigrants - what unity can achieve.
We seldom see them blaming their community efforts - they are strong and America is the apt place for them because they are strong. They built the system for themselves.
We are always followers - divided - fighting among ourselves - challenging our own credibility.
I do not want to deviate the intent of this thread. let it continue - but every topic must have a reality check.
samay
07-23 08:18 AM
Dear Attorney,
I was hoping you could help or answer this question.
My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B on full time basis.
Is this ok will it come to haunt me when I file for citizenship?
Thanks
Dev.
Go ahead.
I was hoping you could help or answer this question.
My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B on full time basis.
Is this ok will it come to haunt me when I file for citizenship?
Thanks
Dev.
Go ahead.
immi_enthu
07-27 02:00 AM
Its like asking an anti-immigrant, what you think about legal/illegal immigration?
I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.
Question is whether it will work for you? Your families finances are decided by you and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.
Are you a independent "business" owner ?
I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.
Question is whether it will work for you? Your families finances are decided by you and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.
Are you a independent "business" owner ?
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