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  • sodh
    03-19 12:42 PM
    why do you think labor substitution would increase the backlog?
    My company cancelled my labor process the day I resigned, tell me which big reputed company responded to a 45 day letter even when the candidate was not working with them, so that leaves us with companies like Cybersoft who filed multiple I-140 on one labor approval or there are people who are running parallel processes just to be safe and they are buying the sub. labor,so now even if the companies intention's are good,filling I-140 multiple times creates backlog in the service centers and then it is up to your fate if your file is picked up in the numerical order, in concurrent filling it was a race who got the the GC first the original beneficiary or the person who paid price for the same labor. Who are the people opposing substitution ban or the 45 day rule if you find them you will get your answers.





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  • we_r_d_world
    07-28 02:32 PM
    #1 Landed in Texas in late 90's at a friends place. Friend took me to get SS# next day, dropped me at SS office during his lunch time and came in the evening at SS office to pick me up. While waiting outside, in a span of 20 minutes, had two people (one desi and another a colored person) approach me trying to befriend me...obviously I fall for it, second day and I meet such a nice person , offering me help if I needed. etc. Asked me for my cell or home #, I did not have any (was only going to stay at friends for few days and then going to Phoenix), so, i managed to get their business cards and I promised to call them.
    In the evening, friend picked me up, told him what happened, he laughed and said "they already got you....unbelievable..hit in just one day of landing... I asked him to explain what was going on, he said he explained me everything. He mentioned that his brother-in-law will be at his home in the evening for dinner (an IBO), and asked me to tell him that I was not interested as I wanted to focus on career first. We go inside, he introduced to his BIL, BIL immediately asked me when I came and what I do, and that he has an excellent business offer for me, which he would discuss with me after dinner. My friend blinked at me, I told him that I had a business proposal for him as well. He was surprised and asked me what it was. I told him that when I was in India, I was a IBO and I wanted him to be an IBO, after listening to what I had to say.

    He and my friend were astonished, my friend and his wife were laughing. BIL said he was going to talk about the same thing to me, I said, I am tired and if he already is a IBO, I will not talk about it at all, as I would rather sleep (jet lag). Got rid of him easily...


    Incident #2: After moving to Phoenix in 8 days, landed at my Desi consultant's, got a 2 Bedroom townhome shared by total of4 people. One of them was active in AMWAY...asked me if I wanted to go to a business meeting followed by Tea/snacks. I told him I could come only if he stops by grocery store first as I wanted to buy stuff. I did not have car so needed his help for groceries etc. I went with him and few of other FOBs that he had managed to "capture" (New Bakras for him). Went to his friends house who was a new IBO and hosting tea party/(Bakra kato seminar) first time, so he had lot of food/snacks etc. I enjoyed the snack, slept in the mkt. speech. ate good food. Told him that I was already an IBO when the form signing ceremony started, friend was mad why I did not tell him, I told him that I should be mad at him for wasting my time and not telling me where and what this meeting was about. Had a fun at his expense :-)
    in couple of weeks moved to Mid North East, where I did not face any AMWAY/QUI guy/s.





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  • JA1HIND
    02-15 08:12 AM
    ........I strongly beleive that the H1B system and the EB greencard system has been setup to legally bring in high skilled workers as slaves and exploit them by taking away their freedom. We are no better than illegals, in the way we are treated by the goverment and the employers.
    I will fight this case atleast to try to prove my point before I leave this place.
    I am looking for some civil rights agency which can help me with the lawsuit. My fight is not for the GC, but it is for justice.

    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!!





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  • snathan
    01-24 02:33 PM
    Just because one guy is pointing out fraud in H1b he is not anti immigrant. Can you call entire congress is anti immigrant just for passing TARP restriction unanimously? But still we are optimistic of getting support from congress for EB reform. 99% of H1bs will not be impacted by this memo if that is implemented properly. For example even if USCIS does not approve h1b because he is having multiple layers of H1b still that position will be open and that can be filled by H1b person who is placed directly. The person who impacted by this memo will suffer a few weeks and he will find another job. Basically it will not impact H1b program or H1b persons. Even after the memo many H1bs were approved with third party consulting. Can you tell any denial based on the memo? But I am seeing many RFEs for H1b applications without client letter. That is normal and no one complaints about that

    Do you mind to tell us in which category you got your GC?



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  • Michael chertoff
    07-17 08:43 AM
    Please do not force the Immigration lawyer to answer your question IV has left it to the lawyer to answer questions they want to. This is a free service for IV members. We are grateful to the lawyer for this help.


    I am sorry pappu.

    MC





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  • bestia
    02-15 01:10 PM
    Thank U all for your quick answers&good advice.It feels good to know I have new friends who can help me with my questions.
    About the cheques u're right, that's how we have done it. Separate personnal cheques for each of us, easy to track online.
    Hopefully we are not out-of-status and my husband's employer is not on th black list.
    How couldn't I figure it out by myself what IV means????Shame,shame...

    Dyana, I thought you are the primary applicant. In your case - yeah, you are free to use EAD once you get it. It's your husband who should be maintaining 180 days, "same or similar", etc. I got my EAD on 11th week (I am primary applicant). Some people get earlier, some later.

    You have good chance of approval, because we are current and I suspect we will be current several months from now. I-485 approval is like a lottery. It can be approved in 1 month or your application can rot for years. Lottery :)



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  • a1b2c3
    01-14 12:48 PM
    Check what they are paying. I know a company which charges $110-$130 ph to the client and payes around $30K for the employee in L1. Is it good business practice...? Not only desi consulting cos...these a$$ also the reason we are in this mess today. Just imagine when the antis comes to know that 30K pa salary....

    V true.

    Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
    H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
    But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.

    Nathan is exactly right. These firms have created a mess by bending rules everywhere.

    Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).





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  • jsb
    06-08 10:59 AM
    :) I thought it was understood by now, that without changes in law, there is no "speedup" (for 485 approvals). USCIS has been super efficient recently, what is missing is the "visa number".

    Trying to change laws sensitive to long term residents and citizens, by those wanting to be residents is a tough task. What is possible, which we should keep trying for, is to make suitable interpretive changes, in the form of clarifications, which do not appear to be a major shift to what have been US long term policies.

    For example, trying to do away with country quota would be very hard, as it is so sensitive for the main stream residents. Making it apply in overall immigration from a country rather than I-485 cases might work. Strong argument could be that EB I-485 candidates are highly qualified and are living in the US anyway. Therefore, applying any diversity rule on them does not make sense. However, country quota may continue to be applied for those who are not yet in the US, i.e. family based cases, or those EB candidates applying from their home countries with appropriate prioritization (for example, spouse joining may get highest priority).



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  • amoljak
    10-23 03:12 PM
    Thanks eb3India.

    How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?

    I was reading a lot about the controversy about why it should be stopped etc so i was wondering if someone had any documentation on why it was started in the first place and how it works

    Thanks

    The standard process approved by the DOFSY is that they sell 1500 pre-approved labors on E-bay every year. The Auction starts at 13:34 EST on February 7th each year and continues for a day. Once you buy the labors, there is a lobor subs market just like the stock market. People bid and buy labor certs whenever they need it.

    ( :) Take this post lightly )





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  • bubba
    06-12 01:15 AM
    People need to understand that you need to give some to win some. I would like to propose to IV a kind of proposal that would be a win win for both the immigrants and the US.

    1. It is meaningless to fight for the rights of ALL the visa holders. Any such attempts would always be resisted by the anti immigrant lobby.
    2. Acknowledge their fundamental point of view that jobs are being stolen due to wage destruction and perpetual visa fraud by these outsourcing companies. Of course resist all these racist BS types. They are the just the noise in the immigration debate.

    My Proposal

    1. Support the Grassley bill in its entirety. If you notice it is those outsourcing companies that are making all the noise but not the genuine companies that use H1B for innovation purposes. These outsourcing neither follow the rules or spirit of the H1B/L1 visas nor provide much of innovation to the market place. There is no point in expecting them to police themselves. We have tried this and they are not here to play by the rules.
    2. In fact, provide the concessions to eliminate the H1/L1 visas for these outsourcers. In return, request visa number recapture for the H1Bs who are employed directly by the companies. I strongly believe that if you are a H1B employed directly by the company (not outsourcing cos), it is unlikely that you would be underskilled or underpaid. A few minor expections may be there but we can safely ignore these exceptions.
    3. Again, people may argue that some of the consultants are highly skilled too. If that were the case, they would have been or would be hired into a permenant position soon once the Grassley bill passes. No company would like to let go of a good performer irrespective of whether they are permenant employees or contractors.

    If you notice, some people echo the sentiment that the Grassley bill would lead to more offshoring. That in my opinion is absolute BS. Only low level jobs would be offshored and in my opinion a h1b visa should not be used for these low level jobs. The high skilled jobs would always stay here and they would not be under wage pressure. The best and the fittest would survive and get the same.

    I strongly believe that by providing these concessions, atleast the skilled immigrants would be sparred the trauma of this mindless wait for a GC. I wish to reiterate here that I am neither anti immigration nor anti any ethnicity. I am simply trying to reiterate that we need to lose some to win some. There is no point in the Indian style of negotiations of win all or win none. Let us adapt to the give some take some style of concession building. In this process, it is okay to give up on the interests of those blood sucking outsourcers. For this, I am willing to provide financial, logistical and intellectual support.

    By following this route, we prevent wage destruction which is what the anti immigrant lobby is clamouring about. It is a win win for all and a lose situation for the blood suckers

    If you have seen any companies misuse the H1 and L1 visa, you can complain about them. Dont go screaming around that the whole H1 and L1 program is bad. Its because of people like you that a whole group gets a bad name due to some rotten apples. Btw, all your arguments dont seem to help the IV community. Why are you even here on IV if your idealogy is not aligned with IV ? If you cant support us we dont need suggestions from a traitor like you.



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  • Macaca
    06-26 09:22 PM
    But they don't know how many of these could be approved by end of this fiscal year and they don't want to loose visas as they have in past.
    This is the reason they made all date current.
    I also think that the main (= only) reason for dates becoming become current is that USCIS did not want to loose GCs as last year. This is a simple way of avoiding the waste.

    A reason for the timing is the release time of the ombudsman report. No one would know about wasted GSs without ombudsman report.





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  • GCSOON-Ihope
    10-24 11:57 AM
    I 100% agree that selling or buying an LC should be absolutely prohibited.
    However the principle itself makes sense in some cases.
    A few years ago, a friend of mine was endlessly waiting for his LC when a co-worker of his (with an approved LC) suddenly quit to go back to his home country. The company (that was paying all the fees) then used this approved labor so that my friend could get his GC faster. Since that company was fair and honest, he never had to pay a dime for it.
    So, he got his GC a couple years ago and I am still waiting...
    Am I jealous? You bet! Angry? No. My friend took advantage of a legal loophole and, let's not be hypocrite here, who wouldn't have done the same in this particular situation?
    But again, making a business out of those LCs should be 100% illegal.



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  • newuser
    09-04 01:06 PM
    I just saw within Half an hour my rating points went down from 3000 to just 500...

    Who esle have the time on earth to keep reducing my points apart from the person who has previledge to do it...

    This is a classic example of how ones power can be misused to prove their point and politics and corruption at its best. Preach something and do something else....

    Never walk the Talk...

    Hats off to you Mr. Chandu.....

    Its because there are mute spectators who are giving greens or red based on what they think is right

    I don't believe CHANDUV23 & _Truefacts are the same





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  • 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...



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  • ilikekilo
    07-10 08:02 PM
    Changed my mind. Updated my message. I appreciate your defense.


    appreciate your ego strength man...thanks for the edit...u r the man..





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  • amitjoey
    05-25 12:17 PM
    We are thinking about applying for canadian PR. Should we include our son (US citizen) in the application? or do US citizens get to reside in Canada without visa?
    Also, currently my company is processing my GC, will this be affected if we apply for canadian PR?

    US citizens can come in and stay in canada as a tourist for temporary purposes, but you need a Canadian PR for longer stays. So YES, add your son in your application. Your US-Gc application is not affected by processing canadian PR or vice-versa.



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  • bayarea07
    07-27 07:28 PM
    Kushal,
    Still waiting for your reply and your tax returns for previous years as you promised :-)



    Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.

    I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
    Peace OUT!!





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  • gude.ravi
    10-10 09:03 AM
    I agree. This is one of the good ideas to do. Most of the people can afford to buy a home in this down market. This idea is better than being badly treated by bad employers.





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  • Rohan99
    07-22 12:24 PM
    dude, don't read too much.... it is a fun thread, Another way to scare Amway jokers.

    You will not believe that during Indian Independence day parade in Fremont Ca, these jokers were standing next to ticket counter and bothering everyone. I was not spared but I was polite to them because by nature I am not rude but annoyed lot.


    Dont you think you took it too far? I dont think you make much sense. There it is, since you asked for my opinion.





    chi_shark
    10-28 03:06 PM
    i am curious... if someone leaves a comment with a red or a green dot, how do i get to see the comment?

    Some moron gave me a Red for my post below with the comment ".."

    Seriously dude, if you are so naive as to think that ROW folks are just going sit around and watch EB2 India consume the spillover numbers, then get your head examined or stop smoking that pipe. Have you ever wondered how low the participation is from ROW applicants on these forums? This is simply because for the most part its become a desi forum mostly dominated by EB2 folks.

    Or you can give me another red and stick your head back in the sand (...or in those clouds, whatever the case may be)





    NKR
    02-13 02:43 PM
    The other provision of allowing 485 applications without current PDs is a bad idea in my opinion. Anyone who enters the country will be eligible for AC21 in 8 months which is about 80% of a GC. Such a provision will result in huge abuse like the L visa and/or Labor substitution.

    On the flip side, Spouses on dependent visas who had plenty of experience and who were stuck for years by not being able to work. The provision to apply for 485 applications in july was god send opportunity.



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