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Wednesday, June 15, 2011

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  • desi3933
    02-03 01:04 PM
    desi3933,
    Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.

    ....
    ....

    Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?

    Thank you.

    Like I said before, W2 should be good enough. If you get employment letter for that period, that will be better.

    Typically LCAs are not needed, unless asked to prove H1-B status for job location and other related issues.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • Canuck
    02-14 08:10 PM
    This is the exact reason why USCIS has a country quota system ensuring ROW folks do not have to compete with OVERSUBSCRIBED countries.

    What WILL NOT happen? - Removal of per country quota for EB Visas!!

    Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?

    Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.





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  • optimystic
    03-17 07:48 PM
    "Eb3 India PD of May 2001"---optimystic

    You should have got GC by now right??

    Yes, I should have !! Its been a loooong Journey.

    I was stuck in backlog till Dec 06.
    Got I-140 approved in Jan 07.

    Then due to the lazy As*****s at the immigration firm that our company hires, who should have applied my I-485 in June 07 itself when my PD became current, but kept on procrastinating until got hit by July 2 fiasco. They didn't even were prepared to file on July 2nd nor on July 17 (though they had all papers from my end).

    Finally they applied I-485 on July 29th. (recpt dt: July 30th 07)

    Now my PD is current again in March and April...so finally I am getting somewhere near (hopefully)

    So first the backlog screwed me , then the attorneys, then the July 2 fiasco (making everything 'U' and then making everthing 'c' thus causing this whole another backlog again! )

    Anyway no hard feelings towards people benifitted by July 2 fiasco and who atleast got EADs. I hope I dont have to wait much longer :)





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  • vagish
    04-04 02:40 PM
    It is true. But either Corporate America or Lawyers does not want to address the issues raised by Unions or anti immigrants. They want free ride and does not care about working class. No bold leadership in congress to address both sides issues. Congress members are siding with any one of two groups. Everyone knows that compromise will easily pass. But compromise will not give free ride to any group. Basically moderate H1b and GC increase with protection to US workers without wage pressurw will get most of the congress support. Even with illegal immigration also it is easy to pass if they give citizenship to existing people and allow more workers with complete protection to US workers without wage pressure will get most of congress support.
    the reason why Mccain and kennedy partnership failed, because kennedy wanted to put the fair wage clause into the bill so that futurue employees can
    atleast get the prevaling wages( it makes sense logically ), but republican Mccain didn't like it because they want employer to pay what ever they feel like,
    if that happens you will see that in future the quota for low wage workers will also get filled in one day as we saw with H1B's yesterday, and then even 400000 for semiskilled workers would not be enough.

    Iam not saying H1B get paid less, but there is lot of abuse going on,
    1500000 application just on aptil 2 tell you a lot of things, no matter how much demand is there, it is outrageous.

    when american people see that corporate america wants quota less h1B , they going to be on the streets just like illigals were last year.

    thanks



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  • gc_on_demand
    11-11 07:51 AM
    he cant act on immigration when the economy is down and ppl are losing their jobs..so we are in a sinking boat...
    better to wait and watch!!!

    If we are in sinking boat then lets sink rather than try to survive.

    Guy is telling lets try to survive. Lets try.... Its far from success but towards it.





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  • singhsa3
    03-04 10:58 AM
    Folks,
    I need some help from anyone willing.
    There are too many media and I can't cover them all.
    Please feel free to replace my name by yours and get the ball rolling.
    We won't know unless we try. Don't be discouraged by skeptics, they do serve a purpose by making us think from all angles.

    So please, if you can please this to local media and hope someone will take note of it.
    So far I have covered,
    WSJ
    CNN
    Foxnews
    Realtor
    Seeking Alpha
    Left voicemails for WSJ and Realtor



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  • waitnwatch
    07-28 04:16 PM
    Admin Please Please Please Please Please Please Please Please Please Please Please Please Please Please Closeee this Threadddddd


    Why do you need to close the thread............It appears to be the greatest stressbuster currently available on IV:D





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  • msyedy
    06-13 11:12 AM
    Hi, Senthil and Bugmenot

    You said :They will allow some form of consulting and they may ban subcontracting in H1b.

    Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
    ex bearing point....

    Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.

    Impossible to be applied.
    (Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).

    Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.

    I will show you how the merit based system have to change for EB in my next post.

    Got to go...

    I am not supporting consulting ban on h1bs. But even that happens companies will readjust by hiring permanent people. Also big consulting companies will bring more people by L1 and B1. I am working in a consulting company and they do not depend on H1bs though considerable H1bs are there.Still H1b Cap will be reached there is heavy demand for h1b. Also I do not think it is outright ban of H1Bs in consulting. They will allow some form of consulting and they may ban subcontracting in H1b. It depends on how USCIS interprets the law. I hope Congress will not do if anything is bad for country. Infact same rule is there in L1 also. But still I am seeing persons are placed in client sites.
    Of course anti immigrants are trying to block H1b program using this but congress trying this because abuses are more in consulting. When congress realizes this anytime they will remove this restriction if they find some other alternative.

    Now chances of CIR is 30% and 60% chance of statusquo for another 2 years. Even skil bill is passed seperately same restrictions will come as same Senators will be there.

    Some of abuses are
    1. Not paying bench
    2. Lower pay compared to market
    3. illegal agreements
    4. Rotation of people and using H1b for outsourcing(It is not abuse but it is not the purpose of H1b)
    5. Giving ads for recruiting only H1bs



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  • Tito_ortiz
    02-28 01:03 PM
    If you tired, why do you keep reading it? I think it is so irrational trying to admonish others.

    I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.

    Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!





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  • srinivasj
    03-11 11:11 PM
    now looks like dates would move only after july..



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  • amsgc
    07-04 08:04 PM
    Legal,

    The 700K number is from the Ombudsman's report. He speculated that if the VB was made current, the there would be that many people eligible to apply in the two to three months.





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  • furiouspride
    08-10 03:25 PM
    I would be more than happy to help with whatever ideas you have on mind. Even if IV decides to create an exclusive EB3 fund, count me in for any monetary contribution.
    Seriously guys, -ve reps for offering to help? Whats wrong with you?



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  • nixstor
    10-16 05:30 PM
    Don't you think we should be more clear in requesting information per specific country instead of lumping China and India together for EB-2 and others for EB-3? Also will it be too much to request pending applications by month/quarter instead of year?

    We probably want the report in this format? This is just a suggestion.

    This is what is in the letter.

    >>>> I request you to provide me with the number of pending employment based AOS applications, (excluding approved/denied) sorted by priority date from 2001 on a yearly basis broken down for each of the following country and category. (Not the combined total of pending EB AOS applications altogether) <<<<

    I clearly mentioned each of the following country and category. To make sure, I also mentioned that we do not need combined total of pending AOS applications. If the request is ambiguous or means different things to different people,please let us know and we can make needed modifications asap. Are you recommending to hand out a blank tabular format .to USCIS FOIA?

    As far as the year vs quarter thing is concerned, we felt that its best to get some thing out of this rather than tossed around. Most of the data from 2005/post perm can be found on the flcdatacenter and we can sort these ourselves. This leaves with pre perm applications and I believe DOS will have a better handle in moving the PD's a lot better in the last Q, if they have a handle on the number of applications by year. I agree that if info available on a monthly/quarterly basis, it would be even better. But I feel that we will get tossed around





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  • nogc_noproblem
    09-26 01:49 PM
    Sent the mail to Editor



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  • rajuram
    11-15 12:02 AM
    I am not from California, I will still make the call next week.


    If you are from california plz make a call. Or if you know some one have him/her call to her office.

    We need to keep moving ahead on this one.





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  • retrohatao
    02-15 05:00 PM
    indi0617
    Tried every thing:
    1. Lawyer contacted USCIS. Waiting for security clearnace. USCIS does not expedite the issue
    2. Contacted Congressman- nada
    3. Contacted senetors - no help
    4. E-mailed FBI- No reply
    5. Faxed several letters- might have gone into trash bin
    6. Sent snail mail. They have received it. Probably using the paper for various other uses.

    That is the whole point to raise the issue in this forum, so that everyone in this forum aware of the problem.

    You can not expedite it. You may sue, but never seen anyone doing that. It is such a hopeless ridiculous unresponsive process.
    Mine is a very reputed industry. Does not matter who you are and whom you work for? They just do not care



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  • silibili
    06-11 10:14 AM
    Resent to Alabama senators.





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  • lotsofspace
    02-14 12:38 AM
    Dear friends,

    I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. If any of you remember your history lessons from high school, the English used this exact policy of "Divide and Rule" to keep control over their colonies.

    For example, in India, they would go into Moslem dominated cities, discriminate against them for jobs, and put Hindus in more prestigious positions, and vice-versa. They did this after the first war for independence in 1857 where Hindus, Moslems, rich and poor fought to overthrow the British occupation.

    The very same policy is used by the U.S. government to control their population:

    1) Per country quotas in EB immigration cause infighting

    2) Infighting causes immigrant activists like IV to lose focus and weaken the agenda

    3) Infighting results in racism between ROW, India, and China, which causes Americans to watch the circus, shake their heads and lobby for more immigration control

    4) Poor regulation in the H1B program cause Americans to lose their jobs and blame the Indians and Chinese

    ...and the elite sit back, sip their martinis, and watch the fun.

    So you have two choices before you:
    1) Keep fighting, achieve none of the 3 main IV objectives, and continue your bonded slavery or
    2) Unite as one to achieve all 3 objectives, and throw off your shackles

    Remember, "Injustice Anywhere is a Threat to Justice Everywhere" - Martin Luther King

    Wow , Talk about conspiracy theories. :)

    Just relax. we are fighting here because we all know nothing positive is going to happen for a while and dying to find some thing to post :):)

    Just the compulsion to visit this site and post...........

    I am sure ROW don't hate ICMP folks and vice versa. we are all together in the fight (If I may call it). We can argue all day long and that quota is not being removed any time soon. So all of you guys relax. And certainly no conspiracy theories.





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  • sanju_dba
    09-09 01:50 PM
    This is a big fantasy.

    EB3 is not going to get current in the next 4-5 years you said.

    Backlog posted by USCIS and DOS is a lot more than posted. Their data is not totally right.

    The only way EB3 India can be current if all Indians on H1B, EAD are deported by a law. Such law is likely in 4-5 years if outsourcing increase and anti-immigrants blame immigrants for their unemployment. Then EB3 I will get current. But there will be no EB3I to take advantage of it.

    I say we stop dreaming and do a rally in DC.

    I understand what you said, but just to consider the off numbers published by dos

    http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf


    EB2 total pending 34325
    EB3 total pending 136325


    2010-2011 quota EB1+EB2 ( 85343 )
    less eb2 " " 34325
    --------------------------------------------
    " " 51018 trickeling down for EB3 Worldwide?
    2010-2011 quota EB3 ( 42671 )
    less eb3 - 136325
    --------------------------------------------
    42636 ( eb3 pending left over from above )
    2011-2012 quota eb1+eb2+eb3 128013

    So, with above math Eb2 will be current by next year, and eb3 will be by end of 2012?

    above math is based on
    inaccurate numbers given by DOS?
    assuming no new applicants applying.
    Hope I am correct! :)





    WeShallOvercome
    08-17 05:47 PM
    I don't get it.
    How can:
    VB-April07 EB3-ROW PD be Aug-02
    VB-MAy07 EB3-ROW PD be Aug-03
    VB-June07 EB3-ROW PD be June-05

    ..and then:

    VB-Sept-07 EB3-ROW PD be Aug-02

    Are you telling me they haven't processed any EB3-ROW 485 during all those months? Why does it go all the way back to Aug-02???

    Sometimes i consider seriously giving up:(
    Need someone to give me the motivation to keep waiting... something logical i can understand.


    Well, First let me tell you that nothing in USCIS makes any sense.

    Cominig to the reasoning behind it, it could be that they did not have enough 'approvable' cases with PDs before Aug'02 to exhaust the annual quota(stuck in name check FP check etc), so they moved the dates forward. They approved some cases that felll within the new dates.

    Now after approving some newly current cases, only a few visas are left with them. Also, by this time, some of the older cases, which were stuck earlier got out of whatever check they were stuck in...

    As a result, now they don't have enough visas available to approve any cases after the PD of Aug'02.

    Anything is possible here dear !





    sugaur
    08-22 12:57 AM
    I am not sure why you guys are so harsh when someone is asking for guidance and help. If you have lot of time please go after the antis...there are lot of websites to rant your farustartion. If you can not give any useful information...please refrain from posting. It just gives very bad light.

    Hey, I think the suggestion to contact congressman/senator/newspaper is a good one, probably the best anyone has given so far.
    I couldnt resist making a crack, here's a person with ABSOLUTELY no clue about US immigration system blaming the USCIS for sending an RFE. And taking care of a 500 pounder doesnt qualify for a waiver for labour certification:D



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