sanju
04-16 10:22 AM
OK, Its your opinion and that shows your civic sense. But why are you posting the same again and again?
GCKaMaara is right, different people operate at different IQ level.
When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?
.
GCKaMaara is right, different people operate at different IQ level.
When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?
.
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amoljak
10-23 04:02 PM
Now can the company SELL this Labor certification? Can another company BUY such a Certification? I have heard a lot on this site about LC substituion and how they are sold/bought at a premium. How does all that work. Is that even possible?
eb3_nepa, some people have the special ability to create business opportunities when others see none. E.g. Do you think a job at a primary school can be sold? Think again. You have to buy it in India. Another example... have you been to the Empire state building? For $12 you can wait in line for ~4 hours and enjoy the view after that. But for $40 you can go straight to the top. With labor sub its the same deal. Your company has an approved labor, there are 5 suckers who would otherwise wait 10 years in the GC line. They all do a great job of Java programming that you need your prospective employee to do. How do you decide which one to hire?
For some companies its easy.. they select the one who pays them a premium.
To your other question... no you cannot transfer approved labor to other company... so if you want to be in this business of labor subs, you have to go through the pains of labor before being able to sell one...
Some smart people have figured another great business. They go through the labor pains once and then clone the labor certs (hint: color copier)... those visionaries sometimes end up behind bars...
eb3_nepa, some people have the special ability to create business opportunities when others see none. E.g. Do you think a job at a primary school can be sold? Think again. You have to buy it in India. Another example... have you been to the Empire state building? For $12 you can wait in line for ~4 hours and enjoy the view after that. But for $40 you can go straight to the top. With labor sub its the same deal. Your company has an approved labor, there are 5 suckers who would otherwise wait 10 years in the GC line. They all do a great job of Java programming that you need your prospective employee to do. How do you decide which one to hire?
For some companies its easy.. they select the one who pays them a premium.
To your other question... no you cannot transfer approved labor to other company... so if you want to be in this business of labor subs, you have to go through the pains of labor before being able to sell one...
Some smart people have figured another great business. They go through the labor pains once and then clone the labor certs (hint: color copier)... those visionaries sometimes end up behind bars...
mchatrvd
08-17 01:41 PM
I agree with all of you that this is not worth talking. Instead channelize your efforts in supporting organization to contact lawmakers and make advocacy efforts.
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reachinus
07-31 01:09 PM
Think you are too busy to answer my question. Anyway thanks for your time and reply atleat for 1 time.
Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.
Thanks for your time in advance.
Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.
Thanks for your time in advance.
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vinrobo
07-21 01:56 PM
I had my first encounter 10 years ago while in India. Escaped the scene and felt bad that time about it.
But now I have become good at it and just let them politely know about my policy of not "owning a business".
But now I have become good at it and just let them politely know about my policy of not "owning a business".
mihird
10-09 04:24 PM
what if both husband & wife get jobs and come here on TN vsia, then how does TD visa apply because both are working? is that possible for both to work in US without one getting into this TD tangle?
db
You won't get into the TD tangle similar to not getting into the H4 tangle if both are qualified, intending to work and qualify for their respective TNs..
db
You won't get into the TD tangle similar to not getting into the H4 tangle if both are qualified, intending to work and qualify for their respective TNs..
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pointlesswait
10-01 05:54 PM
china an economic superpower..;-)..good joke..
It is not simply that...immigraion is not always abt economics..its more and beyond... the US vision of a global melting pot has nothing to do with purchasing power of educated immigrants....
every desi here thinks he is that elusive golden goose..that the US govt has been waiting for...and to prove that they are ready to shove their hand up their arse and pull out the golden egg and exchange it for a piece of card..:rolleyes:
i dont know who your financial advisor is who is suggesting that u buy a house in an economy that is in recession..:mad:
btw..thanks for those red dots..
The naysayers saying that all assets backed by mortgage by securities are worthless. How can a freaking house become worthless? Yes its market value may have fallen but it is quite possible to increase the market value of houses by increasing demand. And how one can increase demand of houses? Simply by welcoming more skilled and educated foreign workers and making US immigration system more friendly to the immigrants who wants to stay here, buy a house here and raise a family. USA needs fresh blood not protectionist measures that will simply make it a country with huge tracts of land , low population density and constantly outmaneuvered in the international market by other economic superpowers like China.
It is not simply that...immigraion is not always abt economics..its more and beyond... the US vision of a global melting pot has nothing to do with purchasing power of educated immigrants....
every desi here thinks he is that elusive golden goose..that the US govt has been waiting for...and to prove that they are ready to shove their hand up their arse and pull out the golden egg and exchange it for a piece of card..:rolleyes:
i dont know who your financial advisor is who is suggesting that u buy a house in an economy that is in recession..:mad:
btw..thanks for those red dots..
The naysayers saying that all assets backed by mortgage by securities are worthless. How can a freaking house become worthless? Yes its market value may have fallen but it is quite possible to increase the market value of houses by increasing demand. And how one can increase demand of houses? Simply by welcoming more skilled and educated foreign workers and making US immigration system more friendly to the immigrants who wants to stay here, buy a house here and raise a family. USA needs fresh blood not protectionist measures that will simply make it a country with huge tracts of land , low population density and constantly outmaneuvered in the international market by other economic superpowers like China.
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thomachan72
03-28 09:49 AM
I just now posted that how no one mentioned Dr. JayaprakashNarayan. Well someone did mention.
I guess that's not enough. There are lot of people who are not aware of this great leader.We need to spread the word about LokSatta.
Listened to him and here are my thoughts:
Pros
1) Great idea about getting everybody involved in politics
2) Is certainly not an emotional man but rather with great convictions and integrity
Cons
1) Seems to somehow promote atleast sublimly that marksist/communist are better
The last thing we want in India is a marksist/communist movement. Right from the begining (first govt after independence) our prosperity has always been guided by a socialistic but increasingly capitalistic aproach. I wish he realizes that and focus more on political correctness rather than promote communism/socialism.
WE DONT WANT COMMUNISM/SOCIALISM IN INDIA. THESE PARTIES ARE ANTIDEVELOPMENT AND ANTIPROSPERITY. THEY WANT EVERYBODY TO BE POOOR, LAZY AND WITHOUT ANY PERSONAL FREEDOM. EVERYTHING IS FOR THE PARTY AND BY THE PARTY. INDIVIDUALITY DOESN'T EXIST.
I guess that's not enough. There are lot of people who are not aware of this great leader.We need to spread the word about LokSatta.
Listened to him and here are my thoughts:
Pros
1) Great idea about getting everybody involved in politics
2) Is certainly not an emotional man but rather with great convictions and integrity
Cons
1) Seems to somehow promote atleast sublimly that marksist/communist are better
The last thing we want in India is a marksist/communist movement. Right from the begining (first govt after independence) our prosperity has always been guided by a socialistic but increasingly capitalistic aproach. I wish he realizes that and focus more on political correctness rather than promote communism/socialism.
WE DONT WANT COMMUNISM/SOCIALISM IN INDIA. THESE PARTIES ARE ANTIDEVELOPMENT AND ANTIPROSPERITY. THEY WANT EVERYBODY TO BE POOOR, LAZY AND WITHOUT ANY PERSONAL FREEDOM. EVERYTHING IS FOR THE PARTY AND BY THE PARTY. INDIVIDUALITY DOESN'T EXIST.
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ivar
01-13 04:34 PM
Most important of all There are people (Legal) immigrants who have bought house recently and will have to sell adding more pain to the real estate market.
AILA should. I heard a lots of para legal staffs are already lost their jobs. Because there were less H1, and GC filings. Actually there is a huge economy based on immigration. If USCIS just changes the rules as they want that would affect lots of US citizens not just few immigrants.
Lets see which businesses/people are making money out of immigration related activities.
1) Attorney
2) Paralegal staff
3) Shipping guys (usps, fedex, etc)
4) Airlines (because immigrant workers has to visit their home country periodically)
5) Consulate
6) USCIS
7) Contractors in USCIS
8) Port of Entry/customs staffs
9) Notaries
10) Doctors/hospitals for getting medical clearance for 485, etc
11) Passport photo shops
12) Airport staffs
13) ....
AILA should. I heard a lots of para legal staffs are already lost their jobs. Because there were less H1, and GC filings. Actually there is a huge economy based on immigration. If USCIS just changes the rules as they want that would affect lots of US citizens not just few immigrants.
Lets see which businesses/people are making money out of immigration related activities.
1) Attorney
2) Paralegal staff
3) Shipping guys (usps, fedex, etc)
4) Airlines (because immigrant workers has to visit their home country periodically)
5) Consulate
6) USCIS
7) Contractors in USCIS
8) Port of Entry/customs staffs
9) Notaries
10) Doctors/hospitals for getting medical clearance for 485, etc
11) Passport photo shops
12) Airport staffs
13) ....
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GCisLottery
10-23 05:05 PM
Thanks for the reply Amoljak,
Now if you can please remove all the sarcasm and explain this in more detail in laymen's terms, it would really help me. I mean how is it that atleast 10 members on this site have mentioned people selling and buying LCs LEGALLY! Were they bluffing or are we reading into the law wrongly?
Thanks
I don't know the business of this, but it is just fraud and that's precisely why USCIS wants to get rid of it. It is a genuinely OK route for companies that can't hold onto people and has to substitute.
My assumption is they are "buying" those LCs and join those money making companies, stay there as long as they legally have to stay and get out.
Now some mod please close this thread.
Now if you can please remove all the sarcasm and explain this in more detail in laymen's terms, it would really help me. I mean how is it that atleast 10 members on this site have mentioned people selling and buying LCs LEGALLY! Were they bluffing or are we reading into the law wrongly?
Thanks
I don't know the business of this, but it is just fraud and that's precisely why USCIS wants to get rid of it. It is a genuinely OK route for companies that can't hold onto people and has to substitute.
My assumption is they are "buying" those LCs and join those money making companies, stay there as long as they legally have to stay and get out.
Now some mod please close this thread.
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lskreddy
04-23 03:24 PM
Unless the requirements said Bachelors plus five years experience will be accepted in lieu of Masters, the labor substitution is a risk. The people who go through these files go by rules and I think they are advised not to use any logical reasoning. It certainly would be risky to go for substitution unless you can produce what is needed.
Experience certificates are probably scrutinized in a less stringent way but education is a no-brainer and they might not approve. Ofcourse, I am not a lawyer, spend a couple of hundred with reputed lawyers. This might save a lot of grief later.
BTW, what does the employer's lawyer say? Don't they have one.
Experience certificates are probably scrutinized in a less stringent way but education is a no-brainer and they might not approve. Ofcourse, I am not a lawyer, spend a couple of hundred with reputed lawyers. This might save a lot of grief later.
BTW, what does the employer's lawyer say? Don't they have one.
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logiclife
02-12 01:17 PM
I have seen this dog and pony show one too many times. Every year, people think that next year's quota of 140,000 will cause the dates for India and China to go forward in the October Bulletin. October will be the end of misery.
Each year, in October bulletin, for India/China EB3, the dates are either stagnant or they go back to 1998 or 1999.
The thing is, as long as there is this per-country quota rationing of green cards, ROW folks will keep moving to the HOV lane and each year, in Oct to Dec timeframe their dates will get current and they will get GCs.
And each year, the dates for India and China will keep yo-yoing between 1998 and 2002, will never move forward, because if per-country limits are applied to 140,000 greencards, then there is very very little leftover that flows to India/China.
So without an increase in Quota or without removal of per-country discrimination, nothing is going to happen either in Oct 2008 or Oct 2009 or Oct 2010. It will keep fluctuating between 1998 and 2002. That is the bracket for India and China.
Each year, in October bulletin, for India/China EB3, the dates are either stagnant or they go back to 1998 or 1999.
The thing is, as long as there is this per-country quota rationing of green cards, ROW folks will keep moving to the HOV lane and each year, in Oct to Dec timeframe their dates will get current and they will get GCs.
And each year, the dates for India and China will keep yo-yoing between 1998 and 2002, will never move forward, because if per-country limits are applied to 140,000 greencards, then there is very very little leftover that flows to India/China.
So without an increase in Quota or without removal of per-country discrimination, nothing is going to happen either in Oct 2008 or Oct 2009 or Oct 2010. It will keep fluctuating between 1998 and 2002. That is the bracket for India and China.
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soljabhai
12-14 03:33 PM
Personally I do not believe that the 7% limit is discrimination. The 7% limit for all countries appears to be equal, it leads to an issue as described below.
2 individuals, one from an oversubscribed country and one from an under subscribed country, leads to their career being affected by where they have been born.
Even though this situation might not be and in all probability is not discrimination, it does lead to conflict certain with certain other government regulations like EEO etc. Which one has precedence? Why?
I don't know the answer to these questions. Nor do I profess any super ability to even make the correct evaluation. But it does present itself to be a moral dilemma. Precisely the situations where the courts might be able to provide guidance (assuming they haven't already)
2 individuals, one from an oversubscribed country and one from an under subscribed country, leads to their career being affected by where they have been born.
Even though this situation might not be and in all probability is not discrimination, it does lead to conflict certain with certain other government regulations like EEO etc. Which one has precedence? Why?
I don't know the answer to these questions. Nor do I profess any super ability to even make the correct evaluation. But it does present itself to be a moral dilemma. Precisely the situations where the courts might be able to provide guidance (assuming they haven't already)
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WaitingUnlimited
02-12 12:02 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3953.html
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arunmohan
06-03 07:34 PM
Laws you quoted are for US residents, not for those wanting to be US residents. Country quota, I believe, is more sensitive and difficult to change. Of course, it is not working for the original intent to not have people from a few countries making US as their home.
Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.
I agree with JSB. As per my understanding this would be a best option for us right now. We can fight for this from USCIS, there is no need for legislation.
IV and Donor members please proceed for this. I am willing to donate money for this.
We can ask from Ron Gotcher if this is possible or not.
Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.
I agree with JSB. As per my understanding this would be a best option for us right now. We can fight for this from USCIS, there is no need for legislation.
IV and Donor members please proceed for this. I am willing to donate money for this.
We can ask from Ron Gotcher if this is possible or not.
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gonecrazyonh4
11-11 10:49 AM
One of my friends informed me about immigrationvoice.com few months back, I am EB3 with PD Jan 2003 and currently waiting to file I-485 for last one year. It is frustrating to hear how some of the companies are bypassing and jumping ahead on the line. I thought I get some opinion; I am curious why this isn't being bunged. Although using a pre-approved labor is a legal thing, how much of sagacity does it really have? Within my little 10-12 friend circle I have had atleast FOUR people who got their GC within 8 months through this same company - KFORCE, Rapidigm Inc., utilizing pre-approved labor. It seems this company lures people with a condition that they will process their GC within couple of months, isn't this using the legal system at their business advantage.
What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
I completely agree that Substitute labor is being used is the wrong sense. My husband is now in his 7th year of H1B and I am still on H4.
At the same time our friend who came in 2005 to USA through an Indian company joined Rapidigm in 2005, received a 1999 priority date Labor and received his Green card (& for his wife too) in 8 months time.
This iextremely unfair means of acquiring GC and should be blocked legally.Meanwhile Rapidigm has been acquired by Fujitsu .
What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
I completely agree that Substitute labor is being used is the wrong sense. My husband is now in his 7th year of H1B and I am still on H4.
At the same time our friend who came in 2005 to USA through an Indian company joined Rapidigm in 2005, received a 1999 priority date Labor and received his Green card (& for his wife too) in 8 months time.
This iextremely unfair means of acquiring GC and should be blocked legally.Meanwhile Rapidigm has been acquired by Fujitsu .
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Legal
07-23 12:50 PM
Legal,
I hope you are right. But I am not convinced because there was a statement in USCIS testimony that they used up 65% of their target in first 5 months. So even if they used up just 30% in next 5 months, there will be very few Visas left over. If their target did not include the spill overs, then you are right. But in that case, a part of the spill over should also go to EB3. So EB3 should open up again. I am also EB2. So I hope you are right. But as of now, it appears that either there are not many visas left over or it can be that USCIS target was very low.
that EB3 quota has been used up for this fiscal and will re-open in October only. I assume you're wondering whether some FB spill over would go to EB3. If that's the case they wouldn't have announced EB3 quota is over.
I hope you are right. But I am not convinced because there was a statement in USCIS testimony that they used up 65% of their target in first 5 months. So even if they used up just 30% in next 5 months, there will be very few Visas left over. If their target did not include the spill overs, then you are right. But in that case, a part of the spill over should also go to EB3. So EB3 should open up again. I am also EB2. So I hope you are right. But as of now, it appears that either there are not many visas left over or it can be that USCIS target was very low.
that EB3 quota has been used up for this fiscal and will re-open in October only. I assume you're wondering whether some FB spill over would go to EB3. If that's the case they wouldn't have announced EB3 quota is over.
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admin
12-31 07:22 PM
Very good find logiclife. Hope we can get such good points across to our legislators.
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saro28
08-12 10:51 PM
Question about EB2 vs EB3 dates.
My case - EB3 12/2001
My wife - EB2 12/2004
Should I adjust my case with her? what are the chances. Or is it worthwhile waiting for my EB3 and adjust her in that.
Also do I need to re-apply for new EAD/AP because adjusting in the other case. thanks!
My case - EB3 12/2001
My wife - EB2 12/2004
Should I adjust my case with her? what are the chances. Or is it worthwhile waiting for my EB3 and adjust her in that.
Also do I need to re-apply for new EAD/AP because adjusting in the other case. thanks!
soma
02-13 10:59 PM
you cannot sue for incompetence, or the courts would be full!
If thats the case why did 180 day rule for namecheck get through in court?! wasn't that incompetence?
If thats the case why did 180 day rule for namecheck get through in court?! wasn't that incompetence?
ivar
08-15 12:23 PM
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