Thursday, June 30, 2011

newsweek mormon

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  • vdlrao
    07-24 09:12 PM
    EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to only EB2 India(based on the priority of oldest priority date). By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is, it touches 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.

    http://immigrationvoice.org/forum/showthread.php?t=4285&highlight=vdlrao&page=99

    See the post that I have posted about EB2 India movement on 06-09-2008.





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  • apnair2002
    04-29 09:23 AM
    04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications

    As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
    This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
    Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
    Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
    Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
    Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
    Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
    Well, let's wait and see the text of the soon-to-be published final rule.





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  • alterego
    12-21 05:18 PM
    albertpinto,

    I agree that it is not going to be easy - but I don't see any other way.

    It is easy to throw numbers - 200K, 500K waiting, 750K apps received etc. etc., but unless there is evidence to back it up, these numbers mean nothing. What is our answer to a Senator who asks how many people are waiting in line Eb category? And what is the source of that data?

    How else can we estimate how much money we are paying every year in taxes and contributing to the growth of the economy? Or, how many really intend to buy a house on receipt of the Green Card?

    Perhaps we can think of some other strategy to arrive at some concrete numbers - but I sincerely don't think a database of anonymous unverifiable members is of much use. By the way, when I said verifiable, I meant that if a representative from a senators office were to randomly call a number from the database, he would find a legal immigrant at the other end who is trying to find his way through this process.

    I like the idea of a temporary green card - there has been talk about it in the forums in the past. We could also consider pitching the idea of "expedited/early evaluation/adjudication", of the I-485, for a fee. The main point could be:
    - For a fee, you will know for sure whether all your paperwork/interview work is complete, the case has been adjudicated, and your application is waiting only for a visa umber.
    - Once the case is adjudicated - the USCIS sends you a letter that it is complete. Now can do almost anything with your EAD/AP - work for any employer, any field, any state, study, start a business etc.

    The USCIS can define the criteria for accepting cases for early evaluation, such as:
    - PD older than 3 years
    - Buying a house etc.
    - Attempting to start a business, changing job, going back to school to enhance skills etc.

    Any other thoughts, any one?

    In my view that sets the bar too low for us. You can never get any certainty with an EAD/AP, with a green card one is considered a "probationary American". With this sort of request, there will be a "probationary period to probationary citizenship".
    At this juncture, if you are in a secure job and can hold that job, especially if other jobs depend on yours, and feel secure enough to buy a home in this country, you are a tremendous asset to this country at this time.......period.
    The skills, savings mentality, strong family values, capital and international contacts that we possess are a net plus to this country.
    I have not come to this country to beg for anything, I have come to benefit myself while benefiting America. There are synergies here for us and any fair minded person will see this. Only narrow minded people who have a zero sum mindset eg Lou Dobbs can't see this. If an EB5 investor, a spouse of a citizen, and other categories can get a green card right away, why would a similar option not be afforded someone who will in a substantially tangible way benefit the economy near and long term. The American public will embrace this if presented to them in the appropriate way.





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  • snathan
    09-04 03:42 PM
    Like collecting money to lobby for GC we can accumalate money for Political party as well. I can tell you every Indian would contribute to such endeavor.

    Please contribute to IV before start collection for political party. Thanks



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  • jackrabbit
    03-26 04:37 PM
    Has it passed? I cant wait for it to happen. Once it does, I will feel more confident leaving my employer knowing....





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  • hazishak
    02-15 10:48 PM
    I beleive that there should be more representation of people from other countries in desi companies, but when more number of desis apply for jobs. Is it any fault of the company is they are hiring only them?.


    In other words, they dont mind getting screwed by desi company.



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  • RiaonH4
    07-19 09:41 AM
    --------------------------------------------------------------------------------

    i have H1 (ETA 9035E) which has NAICS code and LCA code .. no ONET code....

    My Green card labor ETA 9098 has NAICS (section C-8) same as my H1-B and SOC/O*NET(OES) code (section F-2) and nothing in Section H 10 - B ....

    now what isthat i am suppose to match to use AC21. Employer only trannsfer H1B. Nothing is ususally done for 485 application unless RFE comes and we give USCIS a company letter showing job duties are same as previous job .....

    what am i missing here cause i am surely missing something .....?????


    Please suggest. Also people are mentioning score 100 with ONET code ... what is that and how is that used.

    Please please suggest. This is so confusing !!!

    -Ria

    PS: this is for my husband .. a sucessful ac21 is required so that i can maintain my EAD (Derived)





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  • hazishak
    02-15 10:48 PM
    I beleive that there should be more representation of people from other countries in desi companies, but when more number of desis apply for jobs. Is it any fault of the company is they are hiring only them?.


    In other words, they dont mind getting screwed by desi company.



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  • gc4me
    03-30 09:09 AM
    That would be great! :D

    Widower Zardari will be marrying Kumari Mayawati just after election to unite subcontinent and bring peace to world.





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  • pappu
    07-02 10:54 PM
    IV Press release

    http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html



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  • harikris
    06-03 10:12 PM
    Applicant gets the peace of mind and can go around buying houses, changing jobs etc whereas it is just a procedural change for USCIS.

    Who said you cannot buy a house on just h1b? Or change jobs while on EAD? Such would be their defense for the argument above.

    Peace of mind, my friend, does not comply with the objectivity of the argument. Also, it's very subjective too. People that have H1B, would be peaceful if they get their I140 approved, people that have GC would imagine how peaceful it would be if only they had citizenship.

    The incredibly long wait to process the backlog is simply not acceptable. With a professional shelf life being 30 odd years, one cannot afford to spend 50% of that time just waiting to be integrated in the system. Numbers don't lie.

    As i have been saying - introducing reform bills and converting them to legislations is our only way, right? Let's put these numbers together as a motivation for the reform bill and seek solutions.





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  • conchshell
    07-26 05:08 PM
    In the past 4+ years, the annual H1 queue is just 65K. So the input into the EB queue must have moderated quite a bit.

    Another piece of information, supporting your argument. This is posted on immigration-law.com today:

    The DOL has yet to release its 3rd Quarter Performance report ending at the end of June 2008, but the second quarter report indicates that the foreign labor certification applications continuously dropped from the same period in FY 2007 including permanent as well as temporary labor certification applications. PERM applications dropped 46% from the statistics of the second quarter of FY 2007. The report indicates that despite increased audits (over 45%) and related work, the processing times remain steady. Obviously, it must have been affected more by decreased number of new applications than any drastic improvement in processing times in each application. In fact, from the perspectives of each PERM application, the processing times have witnessed a substantial delay over the last one year. The delay which was associated with the massive audit and related activities could have been offset by the substantial drop in the PERM applications in the overall statistical figure in the report. The DOL report did not report the details of the causes for continuing decrease in PERM applications, but this should be taken as an alert to the U.S. businesses as an indication of reduced incentives for the needed foreign workers to remain in the U.S. and potential reduced availability of the talented foreign workers to support the U.S. businesses' competition in the world. Considering the fact that the supply and demand of resources at the international level are not something which can be rebalanced over a night or a short period of time, the political leaders should start paying attention to the urgency of the reform in the employment-based immigration system before it gets too late.



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  • NolaIndian32
    09-22 03:55 PM
    Hi Samay,

    I would like to maintain my current H1b status (2nd three-year extension period; I have the approval notice but the visa is not stamped in my passport). I would like to travel to India and return using the Advance Parole document with just my H1b extension approval notice (only first H1b is stamped in the passport).

    1. Can I do this?
    2. Will this change my status from H1b to AOS? When I return from my visit to India, I would like to continue working on my H1b with my current employer. I have not applied for the EAD.

    Please advise.

    Thanks so much!





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  • paskal
    02-14 03:13 PM
    Since the lawsuit is about the getting the lost visa numbers it will be a good case.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed

    The law does not mention anywhere that u cannot recapture numbers.

    the law does say that the GC numbers expire if unused.
    once expired USCIS has no power to use them.
    you need to study this deeper if you want to consider a challenge.



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  • ksircar
    06-21 03:47 PM
    Hi Neocor,

    I understand your frustration very well. Of course the labor substitution is not logical, but it is not the root of the problem. Just think rationally how many people take advantage of this option. The real cause of our problem is Number of Visas. As long as it is legal, people will go for it. They should not be blamed, rather it is our inability that we didn't find the right "Approved Labor". If you find something suitable, will you not go for it?





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

    Nearly all laws/regulations originate from such garbage.

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

    The garbage is then processed by Hira/Matloff.

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

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

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

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

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

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

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



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  • needhelp!
    09-23 04:04 PM
    I just finished sending the emails one at a time with a little customization.

    http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw





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  • thomachan72
    03-27 12:52 PM
    I am just wondering.....
    when will the day come when a lot of us will rush to Delhi.....braving the cold/heat....stand for hours........dancing to tunes of pop singers......while awaiting our beloved PM to show up and take oath of office........just like hundreds of thousands did when obama took office.........
    I am just wondering.....
    will any one of us spend money to travel to Delhi to witness the next swearing cermony, assuming it where held in an open place, lets say raj ghat or something like that.
    I am wondering.....
    when will that charismatic leader (with really good intentions and sence of direction) emerge? from, a billion? Why is it taking so long? Is the whole germ pool spoiled? why dont we get the good ones to lead such populated nations? I dont have a clue about where and with whom the problem lies....





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  • Jerrome
    05-01 10:19 PM
    What do you know, if you don't know anything then shut the hell-up and don't reply.

    I have been to srilanka and only tamils in colombo should have ID wherever they go. I was checked in multiple places because i was from TN.(this was back in 2000).

    I have met hundreds of businessman from srilanka in TN who lost everything and doing daily work to live. They were not from south or north part of SL but from colombo..

    Do you know how many tamils fled that country and living all over the world.

    Even now there is no political solution provided by SL govt after they clear out the so called Terrorists.

    It is India's business because india provided training and weapons to the so called terrorists during indra gandhi period. If we don't mind then china and pak will mind and they will be at India's balls and they can squeeze as hard as they can.

    Please close this thread..it is not going anywhere..



    And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .

    The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?

    Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.





    NKR
    02-14 08:49 AM
    [[Bestia,

    This is bigotry. Stop using other countries (Sierra Leone or Kongo (spelled Congo FYI) as scapegoats. Obviously, your country isn't so great or you wouldn't be on this forum trying to immigrate to the U.S. Plenty of people do immigrate to the Congo and Sierra Leone FYI...I am not attacking you but it is incredibly insensitive and ridiculous to point to other countries in that way - where are you from that's so perfect?
    ]]

    First it was fighting between Indian/Chinese and ROW, now there is fighting within ROW. Come on Guys, today is valentine's day. Let there be Love and Peace. Let's unite...





    advad
    07-15 01:01 AM
    Hi there,

    Here is my situation, any help to resolve this is appreciated.
    - My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
    - My I-485 was approved in July 2007, my wife's was pending due to NC.
    - My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
    - We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.

    They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.

    Thanks for your help.