Thursday, June 30, 2011

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  • mariusp
    03-28 03:25 PM
    I'm more concerned about this:

    (2) A permanent labor certification involving a specific job offer
    is valid only for the particular job opportunity, the alien named on
    the original application (unless a substitution was approved prior to
    [effective date of the final rule]), and the area of intended
    employment stated on the Application for Alien Employment Certification
    (ETA Form 750) or the Application for Permanent Employment
    Certification (ETA Form 9089).

    Does this actually say that unless the substitution is approved before the rule becomes effective, the labor cert. would be invalidated?


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  • red200
    01-15 06:51 PM
    This new rule of USCIS, effects every one. In one way or the other. if the rule is enforced strictly
    1)The unemployment increases (Paralegal staff, lot of americans working for consulting companies(IBM, TEK systems, accenture etc.., Immigration Lawyers, uscis personel, staff.. You name it)
    2)It effects Greencard holders or EAD holders not directly but in one or two years because outsourcing increases.
    3)F1 students mainly (man how are these guys going to survive if consulting companies cant apply for them)

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  • kondur_007
    06-03 06:37 PM
    this article says and I quote:
    "Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009"
    now the only category indians could have used up more numbers is EB1, as that is the only category which is current. and this means that india's normal share about 9600 per year, so an extra 9600 EB1 were issued to india, which sounds improbable. this also contradicts what is said in the next paragraph about EB1 usage.
    "Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009"
    it can not have gone to EB2 because as Mr. Oppenheimer puts it
    "The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category"
    so i dont know what he is trying to say when india has used twice the limit in 2009..i would really appreciate any input.
    ALso can somebody please explain this sentence as well
    "He stated that, due to the dramatic increase in employment-based filings visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year"
    However a later report from USCIS says there is a drastic reductionin I 140 apps,
    also just today AILA released that DOL is processing JULY 2008 PERM cases, so where is this demand by increased filings that Mr. Oppenheimer talking about coming from.
    I am totally confused. senior members please analyze

    All these statements are difficult to analyze...I tried to add things up but could not.
    The only way to get the actual idea of what is happening is to look at July, Aug and Sept visa bulletin as well as usage statistics for 2009.

    As far as most of us are concerned, the fiscal year is over and there is no hope till next fiscal year. The analysis of above mentioned visa bulletins and usage statistics may help to understand what to expect over the next fiscal year and thereafter...

    Is all these because of "increase efficiency" of USCIS and FBI that they processed all the old cases (better scenario) or is the result of something else (like tons of EB1C filing) in which case it will be 10+ yrs of delay for most of us:(
    So just wait...

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  • yabadaba
    07-11 09:33 PM
    jazz and others did u give ur ielts..if so where???

    is it reqd ?

    can i submit a 8 yr old copy of my toefl instead?


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  • user1205
    02-12 05:09 PM
    They need to pump up more numbers otherwise getting rid of quotas doesn't help much.

    Per country quota sucks big time. DOL/USCIS needs to get rid of it ASAP.

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  • smuggymba
    01-14 08:55 AM
    I think the other intersting point is - Does the employer provide any benefits to the beneficiary/employee?

    Almost no desi dalla provides medical insurance to its will be interesting how USCIS handles this and whether they will make it a point or not?


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  • kingkong
    09-04 02:00 PM
    I am from AP. And my father had first hand experience getting ripped off by this dead mans cronies when they threatened and grabbed my fathers small plot, that he had bought way back in 89, on the out-skirts of Hyd. All it took was one single threatening phone call to my father and my father signed the sale deed for the land the very next day, not asking a single penny in return. His family was more precious to him than the bloody piece of land. My father worked as a clerk in a central govt office. He is a simple man and has no clout.

    I am sad that YSR is dead. I wish he survived but with 3rd degree burns and limped out his miserable life for the next 100 yrs.

    I am from Kerala. not from AP.(studied in Bangalore and have friends from almost every state from India) I AM NOT A REDDY OR RAO.

    Some of my friends are from Bihar (CHILDREN OF MP'S, MLA) go home for elections and lead booth capturing. They shared their experience with me.



    Let the people from AP, comment about him. If they give him second time, it is clear that majority like him. No doubt about it. If he is not good, why you people campaign against him by blogs for go to India and vote against him ???

    I DIDN'T SUPPORT ANY POLITICIANS. But have a sympathy for a dead person and other 5 people in the accident.
    This can happen to any one of us at any time. Do not rejoice in Tragedies.

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  • sumagiri
    07-23 08:04 PM
    Yes i am very much implying that ..EB2 PD was 02 in Dec, 01 in Jan, Unavailable in Feb-March 08. So there where very few visas given to EB2 india in first 8 months. Same with China went back to 03 in Dec and stayed there for most of the 8 months period.

    From Dec 08 Visa Bulletin


    It may be simply because EB2 numbers are used up fast for the quarter. It is right now a blind spot and an estimate of what happened depends on perspective.

    Any how, you brought up a new perspective so gave you a green.


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  • addsf345
    05-29 04:21 PM
    If you guys had a chance of getting substitute labor today you will try to take it at any cost. But you will not want to contribute $25 to IV. If you had a chance of getting a greencard via L1A route you will do it. Just because you cannot get a substitute labor or L1A, you are saying sour grapes.

    This is a bitter truth that we do not like to hear but each will do if they get a chance. Sub labor was legal when it was there and L1A route is also legal today. It is for USCIS to decide if there is a loophole. Stop behaving like an anti-immigrant. Just because you are not able to get this privilege does not mean others cannot try. If you want to try, try to get more visas for everyone rather than blocking people.

    well said. Our main problem is country quota. some one posted a nice thread, I guess the title was something like 'is being born in INDIA a bad karma???" - I always remember that. No one should be punished for having been born in certain country.

    Having said that, one my very good friend tried to form state IV chapter and contacted around 20 Desis who are on EAD and in the same boat as rest of us. As united the indians are, none of the 20 showed any interest in joining IV or fighting for their right using civil democratic way. People just dont' want to do anything. They are fine with wait times. So I guess this is the fate.

    On a side note, in our company there are ppl from other countries having got GC in a year, in front of our eyes, still no awareness, no courage, no unity, no initiative. God Bless Retrogression.

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  • pointlesswait
    08-16 10:22 AM
    simply racial profiling.

    i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".

    When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?

    To all the jocks who argue "its part of life" advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.

    In the end its the color.. do you know beta.

    for the record.i am no SRK fan.

    Mamooty.. who is he?

    What's the big deal about Shahrukh Khan getting interrogated? One of the top Malayali actors Mammooty had to go through the same experience because of his Muslim name, but he didn't make a big deal about it. Security procedures need to be followed, whether you are Shahrukh Khan or anyone else.


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  • poorslumdog
    09-04 12:42 PM
    My condolence to them. But I beg to differ that people dying unnecessarily is not a good sign of development.

    Let their soul rest in peace.

    Edited: Ooops, I think misread your post.

    I really appreciate your support senthil. Guys please come forward and dont be shy about nay sayers...

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  • Lasantha
    09-29 11:07 AM
    Yes, it is. I used it when I went to get my Canadian PR validated in June this year. Are you flying or driving? Make sure you do not surrender your I-94.
    Take a letter from your employer and recent paystubs just in case. (They didn't ask for them but take them anyway).
    I assume you know all the conditions?


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  • arunmohan
    04-01 03:32 AM
    Widower Zardari will be marrying Kumari Mayawati just after election to unite subcontinent and bring peace to world.


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  • JunRN
    02-12 07:55 PM
    We are???? I am not expecting a C against all categories ever again! If anything can move the dates significantly, it is things like recapturing of unused visa numbers. Oh BTW, did you send your letter?

    I am not saying "C" nor am I saying "July 2007 VB". I am talking about "June 2007 VB". It is just a matter of time when we can see the VB back to June 2007 figure again.

    I can assure you that I have done my part without telling anyone. I am a silent doer.


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  • gbof
    08-15 10:32 PM
    The original post was not about SRK detention.. but it was giving an idea of US immigration system. Well everyone here is singing praises of US immigration system.. if anyone of you will be detained if simillar name flashes on their computer and detained for hours and sent back then i hope you guys don't change your tune.. Thanks for all your reds.. looks like some people over here are interested in green or red.. crazy guys!!! go get a life.

    I gave you green...
    You know america will care and care only US interests...and will defend its actions. We all have suffered inexplicable delays in NC/BC (donot know if they honor 180 day rule) but who cares for immigrants....

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  • Legal
    07-03 10:37 PM
    I have drafted a letter:

    Dear Reporter/ Senator/ Congressman,

    I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).

    Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.

    For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation to verifying no US citizen worker was available for a given job) had been filed.

    This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.

    We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.

    Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.

    For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.

    We sincerely seek immediate congressional/ legislative remedial measures which would
    (1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
    (2)Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.

    We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.

    Yours Sincerely,


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  • EB-VoiceImmigration
    01-15 03:22 AM
    and yes my friend tinyhk12
    :d lmao

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  • tikka
    07-03 11:16 PM tin ring_Immigration_Lawyer/who

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  • PlainSpeak
    01-14 02:38 PM
    Please, please, please share your ideas - having created the curiosity, now please do not deprive us of your ideas. Just keep them specific and actionable.
    My friend gcdream 2001 please read through the whole article and understand that there is some action which needs to take place before i even open my mouth about any ideas.

    BTW the negentive count is now 3500.

    05-29 09:04 PM
    I know this guy who was a junior to me and reporting to me in India. I resigned and moved with another company and later moved to US. After an year I joined the same company which I was working in India. Now this guy, just because having some relation with the VP made some arrangement and came to US on L1 and applied under EB1 and got his GC in 1.5 years. More over he was no good as manager and a pathetic programmer. Also he did no good to the company actually lost a few clients and when he got his ass on fire he moved to other company and started working as a pathetic programmer with his GC

    When I saw this I was so irritated and now thinking what the FUCK this Grassely is doing for this.I think neither we doing anything. He just wants votes by creating sensation among the white rednecks for the next election.

    AAAHHHHH... nuts nuts nuts.. 10,9,8,7,6,5,4,3,2,1... hooo.. :) controlling my anger..

    When some of us raised the issue of project managers from Indian IT companies applying under EB1 and using up those visas which would trickle over to EB2 and EB3, we were scoffed at. Some even questioned as to why these people cannot apply under "Multi-national executive" category, as they are "Multi-national" managers.
    These guys misrepresent the number of people reporting to them (same managers in the same portfolio uses the same number of people to show in the application as reporting to them. This is true "reuse"), also "reuse" the portfolio value (how can 3-4 managers from the same client account be responsible for x million dollar business) and crooked company attorneys make up a stellar resume and case to file for them. The attorney pay comes from the employee's pocket.
    Otherwise how would you explain the sudden rise in EB1 filings and a quota which never used to be over in previous years suddenly has cut-off dates.
    If we keep quiet, these same clowns will use up all the visas and smirk at us for filing in the "lower" categories. What a backdoor to a green card! :mad:

    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.