qvadis
02-13 07:23 PM
No. You are wrong..
202 (e)(3) will not applicable, because of (a)(5).
The third point excempts that ..
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
202(a)(5) was added by AC21!! That's exactly the change that allowed USCIS to give additional visas to over-subscribed countries.
202 (e)(3) will not applicable, because of (a)(5).
The third point excempts that ..
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
202(a)(5) was added by AC21!! That's exactly the change that allowed USCIS to give additional visas to over-subscribed countries.
wallpaper /Noct/Avril-Lavigne.gifquot;
thomachan72
09-04 10:59 AM
This is not contributing to anything. I dont think oposing parties in this discussion will ever come to an agreement so what is the purpose of carrying on. Please close this and lets concentrate on something else.
samay
07-21 08:23 PM
Hi,
I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.
Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?
Thanks in advance!
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.
Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?
Thanks in advance!
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
2011 avril lavignesmilegif.gif
sanjay
03-27 04:01 PM
Boss, remove Atalji. He is on bed for last 8 months. So no chance for him.
Sonia Gandhi is out of question as people will not accept her.
Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).
Contest should be only between MMS and Advani.
Though i would have loved to see Modi on PM HOT seat.
To all those who had given me RED dot and most idiotic comments for my above post.
Does my above post really need these comments:
* you racist hindu bastard...
* take this nonsense elsewhere
* gandu
etc;
Sonia Gandhi is out of question as people will not accept her.
Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).
Contest should be only between MMS and Advani.
Though i would have loved to see Modi on PM HOT seat.
To all those who had given me RED dot and most idiotic comments for my above post.
Does my above post really need these comments:
* you racist hindu bastard...
* take this nonsense elsewhere
* gandu
etc;
more...
morchu
06-05 12:52 PM
It is very clear that there is absolutely no meaning for "quota" on 485 applicants.
They are allowed to continue to stay in US forever, from the date of their application (assuming the case is good, and eventually will be approved, when visa is available).
So the whole argument about "diversity" or even "controlled immigration" doesn't stand, since the 485 applicants are here permanently "except" for an official "GC card".
The only thing the "quota" does is creating "uncertainty" in the mind of genuine applicants. This causes less spending, less home buying and eventually causing bad for the US economy. This just creates a second layer of "tax-payers" who have extremely high "purchase power", but doesn't utilize their purchase power, due to "uncertainity"
I wonder why the politicians doesn't realize this simple fact yet?
They either shouldn't allow 485's to wait in US (for diversity & controlled immigration claim), or should just remove the quota for 485's, and let them live their lives & utilize their purchase power to help US economy.
They are allowed to continue to stay in US forever, from the date of their application (assuming the case is good, and eventually will be approved, when visa is available).
So the whole argument about "diversity" or even "controlled immigration" doesn't stand, since the 485 applicants are here permanently "except" for an official "GC card".
The only thing the "quota" does is creating "uncertainty" in the mind of genuine applicants. This causes less spending, less home buying and eventually causing bad for the US economy. This just creates a second layer of "tax-payers" who have extremely high "purchase power", but doesn't utilize their purchase power, due to "uncertainity"
I wonder why the politicians doesn't realize this simple fact yet?
They either shouldn't allow 485's to wait in US (for diversity & controlled immigration claim), or should just remove the quota for 485's, and let them live their lives & utilize their purchase power to help US economy.
gcdreamer05
03-27 12:00 PM
How about rajinikanth, vijaykanth, kamalhasan..........
Amitab bachan, hrithick, shah rukh..............
If Imran khan has come in to politics why not Azharuddin ?
We can keep guessing but you know who is the right guy ,
Abdul kalaam (can a president become a prime minister too again or something will limit him not to).
Or deport bobby jindal there and make him india PM so that he can release statements about US from there :D:D:D
Amitab bachan, hrithick, shah rukh..............
If Imran khan has come in to politics why not Azharuddin ?
We can keep guessing but you know who is the right guy ,
Abdul kalaam (can a president become a prime minister too again or something will limit him not to).
Or deport bobby jindal there and make him india PM so that he can release statements about US from there :D:D:D
more...
chanduv23
07-21 11:33 AM
More than the money, these guys are plain stalkers! They don't leave you even if you are not interested and even after blindly telling them right on their face. Anywhere you go, Costco, Walmrt, Indian grocery stores, Malls these guys are right behind you. Next time i am calling COPS and i am going to report these guys.
Enough of leaving it or taking it lightly becasue of so called "your countrymen" stuff.
what a PITA!
Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.
Enough of leaving it or taking it lightly becasue of so called "your countrymen" stuff.
what a PITA!
Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.
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soma
02-15 08:30 AM
Very well said & I just feel the same...I have already lost hope on this GC and can not predict how long its going to take but for sure before I leave this place and go back to home country I will contribute my best of share in this fight for justice and full support...count me in with out any doubt!!
If at all anything would work for recapturing of visas, its going to be lawsuit. There are already 155 ppl supporting lawsuit and saw ppl in are also thinking of lawsuit. I am sure there will be many more to support lawsuit. If we don't try for recapturing of visa nos, India EB2 ppl will be stuck forever, even for ppl with earlier PDs (2001-2003) it won't be before 2010 or 2011 that they would get their GC.
I am a CP case(EB2 india, PD dec 2002, my case is stuck in mumbai consulate), so maybe I can't be a petitioner in the case, but beyond that in regards of monetary support, helping in research etc, count me in.
If at all anything would work for recapturing of visas, its going to be lawsuit. There are already 155 ppl supporting lawsuit and saw ppl in are also thinking of lawsuit. I am sure there will be many more to support lawsuit. If we don't try for recapturing of visa nos, India EB2 ppl will be stuck forever, even for ppl with earlier PDs (2001-2003) it won't be before 2010 or 2011 that they would get their GC.
I am a CP case(EB2 india, PD dec 2002, my case is stuck in mumbai consulate), so maybe I can't be a petitioner in the case, but beyond that in regards of monetary support, helping in research etc, count me in.
more...
va_dude
10-28 03:08 PM
Use the tooltip.
Hover the mouse over the red dot and see the comment pop-up as a tool-tip.
Hover the mouse over the red dot and see the comment pop-up as a tool-tip.
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hiralal
06-11 10:34 PM
your views are correct and analysis looks o.k. too the problem is even the genuine ones get flushed away ..survival of the fittest is not working now at all !!! say a person from worldwide comes in eb3 and say he is just a car mechanic (I know few from south korea who are in this situation) ..they get GC faster than Indian / Chinese EB2 / EB3 applicant (with 10 years experience and good bank balance)
and Karma means ..do your work / duty and don't worry about results ..we need that ..i.e SEVERAL SMALL Campaigns (since big is not possible now due to members leaving IV / getting dejected that nothing is happening etc etc
let us not analyze and discuss too much ..we talk a lot and hence the karma that we get is more talk from so called Experts ..lets do numerous small campaigns ..at the very least people will start coming back to IV plus new memberships
and Karma means ..do your work / duty and don't worry about results ..we need that ..i.e SEVERAL SMALL Campaigns (since big is not possible now due to members leaving IV / getting dejected that nothing is happening etc etc
let us not analyze and discuss too much ..we talk a lot and hence the karma that we get is more talk from so called Experts ..lets do numerous small campaigns ..at the very least people will start coming back to IV plus new memberships
more...
geve
09-23 11:08 AM
It is grat Idea. When you run an organisation, think about weather it meets our final goal or not. Do not think it is going to benfit me or not.
Once again Great..
Once again Great..
hot #smile #avril lavigne #goodbye
samay
07-14 06:33 AM
I have a unique situation
1. My PD is EB3 July 2004.
2. My wife's PD is EB2 Jan 2005
3. I am dependent on my wife's 485 filed on July 2007. Her I140 is approved.
4. I switched job on EAD I got from her adjustment application,but earlier company has retained my I140 application.
The H1 from earlier company expires in August 2008.
Question is what are my options regarding using my I140.
1. Can i port my PD for my Wife's application, since it is 6 months earlier ?
2. Is there a possibility that I can use my I140 whenever it is approved to get an EAD independently since I have already applied for adjustment from my wife's application and not be a dependent on my wife's case.
1. No
2. You cannot do that unless you applied for adjustment of status (I-485") as the primary applicant. Since your date is not current right now you cannot file your adjustment of status as a primary applicant.
1. My PD is EB3 July 2004.
2. My wife's PD is EB2 Jan 2005
3. I am dependent on my wife's 485 filed on July 2007. Her I140 is approved.
4. I switched job on EAD I got from her adjustment application,but earlier company has retained my I140 application.
The H1 from earlier company expires in August 2008.
Question is what are my options regarding using my I140.
1. Can i port my PD for my Wife's application, since it is 6 months earlier ?
2. Is there a possibility that I can use my I140 whenever it is approved to get an EAD independently since I have already applied for adjustment from my wife's application and not be a dependent on my wife's case.
1. No
2. You cannot do that unless you applied for adjustment of status (I-485") as the primary applicant. Since your date is not current right now you cannot file your adjustment of status as a primary applicant.
more...
house AvrilAnimation.gif Avril
villamonte6100
12-14 02:22 PM
I still dont see any discrimination on the existing laws. The number of visas divided equally to all countries.
If no one (including the Govt.) is allowed to discriminate based on national origin then how can the Govt. discriminate on EB Emigration based on national origin ?
I think this is a fair question and most Americans in my work place agree with me. I don't know if we will win the case or not but if we win we can get
1) Removal of country based quotas
2) recapture of Visa's lost due to country based quotas
If we lose the case we will at least get more attention of the national media, it's up to us how we manage the media attention and have a positive effect on the popularity of our cause.
IMHO taking the opinion of the best attorney on constitutional law can not hurt. :)
If no one (including the Govt.) is allowed to discriminate based on national origin then how can the Govt. discriminate on EB Emigration based on national origin ?
I think this is a fair question and most Americans in my work place agree with me. I don't know if we will win the case or not but if we win we can get
1) Removal of country based quotas
2) recapture of Visa's lost due to country based quotas
If we lose the case we will at least get more attention of the national media, it's up to us how we manage the media attention and have a positive effect on the popularity of our cause.
IMHO taking the opinion of the best attorney on constitutional law can not hurt. :)
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Jimi_Hendrix
10-04 04:30 PM
my post carefully, you would notice that I used the words 'might be'.
Cheers,
Jimi
Cheers,
Jimi
more...
pictures AVRIL LAVIGNE
prem_goel
05-29 03:45 PM
http://www.complaintsboard.com/complaints/cognizant-technology-solutions-private-limited-c17075.html
i agree. to add the worst, if anyone jump to cognizant from other big companies like wipro, infy etc they designate you in management level may be 5 years + exp after graduation who is unfit for management lack of very basic communication skills, half knowledged tech skill etc etc etc. Moreover people jump to cognizant for onsite to USA and eventually settle in USA. For the reason being cognizant bring the people on L visa and do EB1C quick green card processing for management. while they file perm they fabricate the responsiblities to suit the EB1c requirement.
At the same time the person who stayed longer and longer with cognizant won't get promoted that easily to management.
one more thing i like to add here, cognizant makes the world feel it is a american company but the truth Cognizant technologies is 100% indian (desi) company like other companies like infy, wipro, tcs.
23 days ago by cts 0 Votes
how do we bring this to uscis attention about L1A fraud and cognizent employees applying in eb1 catagory by producing fake doc...
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Specifically this provision applies to Cognizant
Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;
i agree. to add the worst, if anyone jump to cognizant from other big companies like wipro, infy etc they designate you in management level may be 5 years + exp after graduation who is unfit for management lack of very basic communication skills, half knowledged tech skill etc etc etc. Moreover people jump to cognizant for onsite to USA and eventually settle in USA. For the reason being cognizant bring the people on L visa and do EB1C quick green card processing for management. while they file perm they fabricate the responsiblities to suit the EB1c requirement.
At the same time the person who stayed longer and longer with cognizant won't get promoted that easily to management.
one more thing i like to add here, cognizant makes the world feel it is a american company but the truth Cognizant technologies is 100% indian (desi) company like other companies like infy, wipro, tcs.
23 days ago by cts 0 Votes
how do we bring this to uscis attention about L1A fraud and cognizent employees applying in eb1 catagory by producing fake doc...
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Specifically this provision applies to Cognizant
Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;
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sachug22
09-15 04:45 PM
Hello Sachug 22,
Where are you getting numbers for EB2 India for 2005 to be 10000, when total labor approved for 2005 were just 6133 (for all countries).
Thanks,
WeldonSprings.
2004 2000
2005 10000
2006 13000
2007(july) 5000
http://immigrationvoice.org/forum/903759-post52.html
There where 7290 India PERM application approved for applications filed in 2005 (of this 60% where EB2 - assumption). And assuming 3000 RIR EB2 India LCA applications (pre march 2005) there are 7400 EB2 India LCA with PD of 2005. Rest of the calculation is in my post.
Where are you getting numbers for EB2 India for 2005 to be 10000, when total labor approved for 2005 were just 6133 (for all countries).
Thanks,
WeldonSprings.
2004 2000
2005 10000
2006 13000
2007(july) 5000
http://immigrationvoice.org/forum/903759-post52.html
There where 7290 India PERM application approved for applications filed in 2005 (of this 60% where EB2 - assumption). And assuming 3000 RIR EB2 India LCA applications (pre march 2005) there are 7400 EB2 India LCA with PD of 2005. Rest of the calculation is in my post.
more...
makeup ASCII-AvrilLavigne.gif Avril
Subst_labor
03-17 10:32 PM
Subst_labor, you became an annonymous member today only to post this question. I am sure you must be a regular member of IV but created a new profile just for this question.
Why don't you tell us how much you bought your labor for? Show us a proof that you have not bought it.
I think I made a mistake of answering your post and apologize for that to all members. I also urge people not to answer anyone with substitute labor on this forum.
such people cut in line in front of us and don't even bother paying money to IV. Why should we give them free advice. If they can spend money buying labor for 20K they can spend hundred dollars and consult a lawyer and ask their question. It is with such mentaility they are brought up with in their country- Currption and getting things done with money. But never paying anyone for a just cause. In my country people contribute only when they fear god in temples, for medical treatment or to astrologers!!
I also urge moderators to close such threads on this forum whenever someone is diagnosed with a substitute labor cancer. Yes it is a cancer that is worsening retrogression further.
At least on this forum we can have the resolve to fight such people who are hurting most of us.
Now if someone argues with me on this post, then it will mean that either that person has himself bought a substitute labor or is looking for one. So don't even bother because a lot of members after reading this post will come hard on people who are ok with substitute labor on this forum.
Mr. Janak,
Do you understand English? First of all, i had mentioned, i am BEING offered, meaning i havent gone for the labor yet and even if i do there will be no buying or selling involved.
Second of all, i am sick and tired of stereotype Indians like you, who ASSUME everything without knowing anything and come out with your own theories from the bizzarro world [i know, pathetic loosers like to vent at any and every opportunities they get. Spare me your crap, if u dont know anything and cant help, then just stay quiet.]
Why don't you tell us how much you bought your labor for? Show us a proof that you have not bought it.
I think I made a mistake of answering your post and apologize for that to all members. I also urge people not to answer anyone with substitute labor on this forum.
such people cut in line in front of us and don't even bother paying money to IV. Why should we give them free advice. If they can spend money buying labor for 20K they can spend hundred dollars and consult a lawyer and ask their question. It is with such mentaility they are brought up with in their country- Currption and getting things done with money. But never paying anyone for a just cause. In my country people contribute only when they fear god in temples, for medical treatment or to astrologers!!
I also urge moderators to close such threads on this forum whenever someone is diagnosed with a substitute labor cancer. Yes it is a cancer that is worsening retrogression further.
At least on this forum we can have the resolve to fight such people who are hurting most of us.
Now if someone argues with me on this post, then it will mean that either that person has himself bought a substitute labor or is looking for one. So don't even bother because a lot of members after reading this post will come hard on people who are ok with substitute labor on this forum.
Mr. Janak,
Do you understand English? First of all, i had mentioned, i am BEING offered, meaning i havent gone for the labor yet and even if i do there will be no buying or selling involved.
Second of all, i am sick and tired of stereotype Indians like you, who ASSUME everything without knowing anything and come out with your own theories from the bizzarro world [i know, pathetic loosers like to vent at any and every opportunities they get. Spare me your crap, if u dont know anything and cant help, then just stay quiet.]
girlfriend AvrilLavigneALBUM.gif Avril
humdesi
11-12 05:17 PM
DOL cannot do anything about labor sub. USCIS must stop using old PD. FOr this, we need to appeal to USCIS. Do you know who to address the letter?
Having said all these, let me ask you something?
How many of you wrote to Dept. Of Labor to stop Labor
substitution when they put a comment period for the proposed
removal of Labor Sub?
Everybody knows that the system is broken. The whole point
is what are we doing to fix it? This is a foriegn land. So we have to
work thrice of 4 times harder to change the system in place. Are we
doing that?
Having said all these, let me ask you something?
How many of you wrote to Dept. Of Labor to stop Labor
substitution when they put a comment period for the proposed
removal of Labor Sub?
Everybody knows that the system is broken. The whole point
is what are we doing to fix it? This is a foriegn land. So we have to
work thrice of 4 times harder to change the system in place. Are we
doing that?
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AirWaterandGC
05-09 09:27 PM
Just before any jumps on me :
I respect , like and love the United States. It has taught me a lot, given me a lot of respect and made me a much better person.
India is my country and I will get back there on some day. But I believe in a world without boundaries, and believe that political boundaries should not determine where/what I should do. That decision should be just made based on what/where I can be most productive/useful for myself and the society I live in. Hence I believe that USA/CA/India all are great nations/societies and we should respect them along with any other countries too.
I respect , like and love the United States. It has taught me a lot, given me a lot of respect and made me a much better person.
India is my country and I will get back there on some day. But I believe in a world without boundaries, and believe that political boundaries should not determine where/what I should do. That decision should be just made based on what/where I can be most productive/useful for myself and the society I live in. Hence I believe that USA/CA/India all are great nations/societies and we should respect them along with any other countries too.
gc28262
01-13 08:51 PM
Unfortunately some of our members are deriving some sadistic pleasure out of this development. However what we as a community should realize is this is just the first trick under the sleeves of anti-immigrants supported by grassley and co. Once consulting companies are out of the picture, they will target permanent employers with conditions like "the company should not have fired any US citizen in the past 6 months or plan to layoff any citizen in the upcoming 6 months." They could come up with additional restrictions for direct employers as well. At that point none of us will have any consulting companies to fall back on.
Anti-immigrants are bypassing legislative process of the country by writing letters to USCIS director and forcing USCIS to issue an internal memo which is probably illegal.
Those of you deriving sadistic pleasure out of this development, this will affect our entire community irrespective of consulting or permanent/direct at some point.
H1B restrictions for TARP companies shouldn't have faded out from our memory in this short timespan.
Anti-immigrants are bypassing legislative process of the country by writing letters to USCIS director and forcing USCIS to issue an internal memo which is probably illegal.
Those of you deriving sadistic pleasure out of this development, this will affect our entire community irrespective of consulting or permanent/direct at some point.
H1B restrictions for TARP companies shouldn't have faded out from our memory in this short timespan.
sundarpn
01-13 04:13 PM
All is well :)
Is this already passed or is it something they are comtemplating?
Is this already passed or is it something they are comtemplating?
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