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  • dks
    10-04 08:12 AM
    Desi companies are to blame but not always.

    This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:

    1> You have been stuck in LC stage for a long time.
    2> The initial original LC got messed up due to lawyer or company negligence.
    3> The I-140 stage got messed up due to lawyer or company negligence.
    4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.


    Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.





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  • vjkypally
    09-15 08:39 AM
    We need to fight against this fraud by outsourcing companies who file for EB1 for their so called managers. IV needs to take this up with USCIS.Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
    2000 074048 70204 ????? 0
    2001 082139 77921 ????? 0
    2002 089168 79784 ????? 7873
    2003 095299 62912 ????? 25956
    2004 098866 43582 ????? 26569
    2005 014253 06133 01350 6133
    2006 105960 79782 22298 79782
    2007 098753 85112 24573 85112
    2008 061997 21092 07198 21092
    Total 720483 526522 55419 252517



    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html


    In 2005 there are a total of 01350 labors certified only for India.
    In 2006 there are a total of 22298 labors certified only for India.

    The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.





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  • Macaca
    07-04 01:01 PM
    My point is not to discourage any one, but when we wirte to media, folks will investigate all before they publish to main stream. We need to be fair and should provide the correct information, else we might loose the coverage.

    This is important. I am updating my original template and putting the name of the person who said it. That person should be able to stand up when needed!

    Also, please look at all possible holes in my points. We need to be rock solid!





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  • BharatPremi
    12-14 04:30 PM
    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

    I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:

    Would you please read all posts once again? And this time apply comprehension and analytical skills while reading all posts. I am sure you would quickly realize how wrong your judgement is.



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  • okuzmin
    10-05 06:15 AM
    I sent my application to Buffalo early Sep., however, have not received the receipt # yet. My friend told me it only took a couple of weeks for him to get his last year.

    Just wonder how long it is gonna take, thanks for any headsup!

    My experience:

    - sent all documents to Buffalo on 11/21/2005
    - documents were accepted around 12/02/2005 (the payment receipt I got back has this date on it)
    - official case acceptance date on the letter is 12/08/2005
    - the letter arrived around 12/15/2005

    So, about a month for processing and mailing. If there is something missing in the document package, they will send the whole thing back with a letter explaining what else they are looking for. I had that happen to me: the fist time I sent the docs, I didn't provide proof of staying legally in the USA for at least one year. With all processing and mailing it also took about a month.





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  • snathan
    08-16 06:03 PM
    Well i want to see a day when you are held up in secondary for 1.5 hours and then tell us your opinion.

    Your post is biased in the sense you trust everything thats coming out from immigration CBP but nothing that comes from Shahrukh. I want to know how did they count 66 mins accurately?

    A) was it time from standing in queue to being released?
    B_ Was it time of primary + secondary
    C) was it time of secondary only?

    Did they have stop watch from the time shahrukh entered the building?

    Even if he is detained for sixty hours how its matter for GOI. Are they coming to rescue if you or me detained for 2 hrs...why only for SRK..?



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  • 485Mbe4001
    06-01 02:26 PM
    Generic lawsuits are not the answer. We should use the above information when we talk to the lawmakes and also use this as rebuttal to the anti's. Lets focus on recapture, venting is not going to help, lawsuits will only help make the lawyers richer(just look at the houses and cars of immigration lawyers ;))

    SSA depends on different countries. People from Mexico and Sweden for example will not have this issue. India does not have a treaty with the US.

    The only solution , to all our problems, is a LAWSUIT.
    The earlier some one has the balls to do it , the better it is.





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  • eb3_nepa
    05-10 04:53 PM
    Why is this is a New Tune being sung suddenly? I mean i can see your point, but why this sudden introduction. So far IV was showing the lawmakers how good the Canadian/Australian system was. Now one of the super moderators is mentioning that despite all the exploitation the US system is better?

    Pls dont get me wrong i am not making snide remarks. Just wondering if this was a personal thought or that is now going to be IV's policy.



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  • gc4me
    03-27 09:31 PM
    Can you please provide link for the memo.



    If text of the proposed memo will be the same, then all pending I-140 based on LC substitution should be denied.





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  • sanjay
    03-27 12:01 PM
    One idiot without giving him name in comments started abusing in Hindi language.
    Dude when you have guts to put comments then put your name in it. So that I know who has issues with my comments to thread.

    And just don't give red " just for the sake of giving it make you feel happy ".



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  • gonecrazyonh4
    03-16 12:13 PM
    Many of us are not aware of the extend of labor subtituion and the impact that it has on the visa numbers .

    I personally know a case where 1-140 was filed in 2005, for a Labor which was approved as early as 2000.

    The person was able to get his green card in 6 months time (he has been in US only for 1 year, came to work with the Indian company and joined this new firm just to get his substitute LC) and ate away 2 visa numbers which a genuine GC applicant should have got.

    When there are applicants who are waiting for more than 5-7 years to get their green card and in some cases just to get through the labor certification process , isnt this grossly unfair?

    Advocates support LC substituion as it is just one more avenue for them to make more money. Unscrupulous employers support the LC substituion since it helps them to make money ( as I understand many of these companies sell LC) . Also same LC is used multiple times.

    The losers are genuine GC applicants who are ethical and companies which are ethical.

    As a H4 visa holder my life in this country has been so very limited that even opening a bank account or getting a driving licence is tedious as most people have no clue about H4 Visa-its limitations including absence of SSN and donot acknowledge ITIN number for many of the above purposes.

    We who are hindered by retrogression and the slow processing (actually no processing at all ) happening in the backlog centers should welcome this new legislation for Banning LC substituion.





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  • go_guy123
    03-17 11:13 AM
    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!!

    At least on this forum we can have the resolve to fight such people who are hurting most of us.



    Good that DOL/USCIS is getting rid of labor selling by voiding after 45 days
    ( in the final rule that might be raised a bit ...to 90days ...which is justified and reasonable)



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  • chi_shark
    06-11 12:49 AM
    ratturani, i am seeing an increasing number of posts that state the facts as clearly as you have stated... thats great... now i think somewhere some day, someone will float a good idea of motivating employers such as MS, Intel, BAC etc to fight for us instead of trying to motivate only the congress... see, we dont have too much of power in congress... :-(

    Don't think of it as punishment. The US wants to allow a certain number of people to immigrate each year. The demand far outstrips the supply. That's where the problem is.

    There are two ways to address this:

    Increase the supply
    Decrease the demand


    Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.

    The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.

    I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.





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  • GotGC??
    05-17 06:30 PM
    Or did you mean the other way around?

    I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........



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  • santa123
    07-17 01:09 AM
    Assuming that the spill overs are effected only in the last (JAS) quarter, there wont be any significant movement for EB2. Until and otherwise the supply is more than demand, EB2 will not move forward significantly.

    But I wish EB2 becomes current in the near future. Correct me if i am wrong.





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  • rajeev_74
    09-24 06:59 AM
    for people who own or will buy homes ? We could also say that this can come from recapture but only for already or potential home owners...

    brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.



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  • vivid_bharti
    05-01 05:27 PM
    Sri Lankan Tamils may not be Indian citizens but are etinic Indians and that is what their problem is and it is the problem in several other places like Malasiya, Fiji, Trinidad etc. these people are still called Indians in these countries and being discriminated. India being a powerful nation should protect the rights of ethnic Indians, but it doesn't....most or all of us know the reasons, it is being ruled by a lame duck govt. who cannot protect citizens living within the Indian boundries, so even if they try to interfere in other countries affairs, I'm sure even a smal coutry like Sri Lanka has guts to say Shoooo!!!! to our foreign Minister. India does not have any respect whatsoever in the world politics now, whatever was earned during the NDA govt. is all lost, nobody sees India with any respect any more, so atleast in my mind I know the answer why India is turning a blind eye towards the killing of Tamils in Sri Lanka & blatant Human Rights murder by a tiniest neighbor





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  • glus
    06-27 07:34 AM
    This is what my very very high profile attorney wrote in her email to me today....

    " We have heard that there will be a visa regression the first week of July "

    And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.

    My post is not to spread rumors or scare people but to help them to grab this golden opportunity.

    I am ready to send papers for July 1st.

    Visa bulletin is based on the demand for visas. An immigrant vise is ISSUED when a GC is approved, and not filed. When a person receives an I485 approval letter that means his immigrant visa was assigned to him and that an immigrant visa number was used. Same applies to consular processing. The bottom line is that unless USCIS approves a huge amount of GCs in the coming months, the DOS can't and won't make adjustments in the middle of the month. STOP THIS RUMOR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!





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  • mallu
    02-14 02:50 PM
    Let USA take a statistics of the current population and then decide which category of countries need more or less immigration to balance true diversity.





    snathan
    08-17 12:37 PM
    It looks like a lot of "so called educated folks" are PROBABLY JELOUS :) :) of Mr SRK.

    No matter what - he is a capable man and I appreciate him for whatever he is.

    If he is not doing anything to reduce poverty in India - well then it is his choice, but you can definitely let him know "Mr SRK please use your popularity in a good way and reduce poverty and disease in India"

    Folks - all the starts do have "value" When I say stars - they are public figures, right from mucisians to television anchors to actors or ramp models or anyone - they are what they are because of their destiny, so just because they cannot code or hold a sthethescope, does not mean they are bad.

    In fact The then president of the US applauded 'Bill Pullman" for his fascinating speech in the Independence Day movie claiming he did something marvellous.

    No one cares who the heck is he...when dozens of people dying without food and because of drought, GOI has better jobs to do rather than going after the BCP for this moron. How many times Ambika Soni cared about normal people are suffered in security check. We are still struck colonial mentality and hero worship. This crap is happening only in india. They are expecting the same from US as well.





    gc28262
    05-31 09:46 AM
    I agree but complete removal of county quota is almost impossible ...diversity is just a name !!! US political system in super advanced in many ways(US contitution was written centuries ago and is much better than Indian ..remember the foreigner becoming PM issue and multi party mess that India has) ..my guess would be that country quota limits were introduced to prevent one country nationals from becoming a eventual majority . ofcourse the migration from south Am is another issue)
    and hence a better bet would be recapture ..

    Country cap is a racially motivated law. It has to be challenged for both EB and FB immigration.

    Please refer INA 1965
    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965

    Highlights:
    During debate on the Senate (http://en.wikipedia.org/wiki/United_States_Senate) floor, Kennedy, speaking of the effects of the act, said, "First, our cities will not be flooded with a million immigrants annually. Under the proposed bill, the present level of immigration remains substantially the same.... Secondly, the ethnic mix of this country will not be upset.... Contrary to the charges in some quarters, [the bill] will not inundate America with immigrants from any one country or area, or the most populated and deprived nations of Africa and Asia.... In the final analysis, the ethnic pattern of immigration under the proposed measure is not expected to change as sharply as the critics seem to think.... The bill will not flood our cities with immigrants. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs."[2] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-1) The act's supporters not only claimed the law would not change America's ethnic makeup, but that such a change was not desirable.[1] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-.2770s_268-0)



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