Thursday, June 30, 2011

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  • ssharma
    07-08 09:34 AM
    Is there certain minimum "safe" numbers of days one has to stay with the sponsoring company after getting the EB Green Card.
    In my case I have been working with my employer since Sept-2001 (almost 7 years). My GC labor was started in Dec 485 filed in May and GC approved June 24, 2008.

    I was in the middle of changing jobs using AC21 just before my GC got approved, hence this urgency. How soon can I join some my new job ?

    Thanks for your time.





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  • yetanotherguyinline
    09-04 07:59 PM
    yetanotherguyinline,

    You may not care, but many members do care about what's happening in India.

    I deeply care about what is happening in my motherland. But this is not the right forum to discuss these issues. Immigration voice is a organization that represents skilled immigrants seeking to emigrate to US and I believe the type of conversation in this thread is not representative of legal immigrant's views (including the majority from India). What we post on open forum is available to everyone and can be used against us in future for propaganda purposes.

    I will probably not respond to future posts but I request admins to consider closing and deleting this thread.





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  • pointlesswait
    06-02 01:17 AM
    country quota is not racial discrimination...u must be a fool to say that.

    To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...

    Its absurd to try to change the country quota..we must try for recapture..instead..



    I do not agree ,
    They should not deduct SS/Medicare taxes, If i am not eligible for it.

    So basically you pay for a CAR , and you dont get the delivery.. What do you do??

    We have been trying for the recapture. And i see no success, or even close to sucess.
    A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.

    I may be wrong , and this is just my opinion.





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  • meridiani.planum
    09-23 04:56 PM
    the bailout amount of 700billion shows you how deep in trouble the market is.
    How many do you estimate will really buy a home if there is a law like this.
    Do you have any survey, any real study with proper numbers?? If its 1000 people, its not going to be worth the trouble for them. If its 20,000 real commitments, then we are talking... With downpayments of 250k and mortages for the rest, we are soon talking some pretty decent numbers here (assuming bay area kind of home prices)

    Also you mentioned IV is discussing this. Do you mean core IV team is officially involved in a campaign or is this just ur own initiative.



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  • arihant
    06-27 04:07 PM
    why you stopped at 2001 ......go all the way to 0 for christ sake

    Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p





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  • Imm_Exploited
    07-25 12:26 AM
    cal_dood & meekdesi


    Which country do you guys belong to and why are you here?

    Appreciate your honest and decent response. Thanks



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  • immi_enthu
    07-27 02:00 AM
    Its like asking an anti-immigrant, what you think about legal/illegal immigration?

    I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
    As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
    Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.

    Question is whether it will work for you? Your families finances are decided by you and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.

    Are you a independent "business" owner ?





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  • tikka
    07-04 08:55 AM
    Dugg the links, posted to the board. What other action items do we have?

    some more items we all can work on

    http://immigrationvoice.org/forum/showthread.php?t=5989

    also mail the reporters listed on this thread

    DIGGING is simple we have to encourage more members to DIGG> this will keep our stories as most popular



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  • BharatPremi
    12-13 02:21 PM
    Well, interesting topic and here are my 2 cents.

    i just googled for a minute, for the definition of "Equal Employment Opportunity" by Federal Government and the result is as below
    [U]Equal Employment Opportunity (EEO)
    ......................
    Satya
    India / EB3/Nov2003/

    They prefer to kid us saying "hey non immigrant,you are not a citizen yet"





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  • go_guy123
    01-22 02:21 PM
    I pity people who have coming to USA is foremost objective. In my case, i came to USA 7 years ago. Atleast i earned few bucks. But people who are dreaming about USA and taking education loans with the intention to payoff once they land in USA. It also includes people coming here on F1 with intention to work here. I feel really sorry!!!

    Yes very correct. I still don't get the reason for people's obsession of doing MS/MBA in US.
    It makes no sense any more. 10-15 years ago it made sense. I have have been telling people to look outside US for MBA (practiced it myself for my MBA though I did my MS in US)



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  • nozerd
    05-13 10:21 AM
    If the Judge things your staying out was unreasonable, PR will be cancelled and you will be asked to leave the country. If you do not leave the country voluntarily you will be deported.
    I have heard Canadian Immigration officers are best swayed with reasons that involve a child. So if you had a child either just before or after becoming PR you can give the reason that you didnt wnat to move the child so soon after its birth, you wanted continuation of the Dr etc.


    Thanks nozerd.
    Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.

    Thanks again.





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  • mnkaushik
    07-14 10:18 AM
    My Priority date is Jan 2004, EB3-India category having approved I-140 and applied 485. I have sent my EAD and aP for renewal which expire in last week of September. My spouse is in EB2-India having pd Dec 2005, also applied I-485 (140 is approved) and has applied for EAD and aP renewal which expire in last week fo October. We both applied independently and are using our H1bs and not EAds.

    Since my spouse's PD is going to be current in August'2008, I was planning on applying for a second 485 as a dependent on my spouse's application. Questions i have are -
    1) I did my medical for previous 485 in June of last year, is that still valid?
    2) Can I still keep my previous 485 application or should I cancel it.
    3) What should i do about my AP and EAD? I have travelling job and am thinking of looking for a local job around end of the year or begining of next year. So would like to know what I should do about EAD and AP

    Lastly is there something i am not thinking of?

    Will greatly appreciate your response.



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  • gjoe
    02-13 04:46 PM
    I agree to a lot of your points - the community has to evolve and not be pushed. All I say is for those who talk the talk, if they walk the talk - they become a good example and the community will grow.

    Please do not take this as criticism. I respect everyone's space - come on folks we can collectively do it - why do we want to resist unity? It does no damage to us but only helps us for whatever cause we want to achieve, otherwise we will always be under the radar of people like Lou Dobbs and his likes - just because we are not vocal.

    I am sure, one day the community will rise :)


    There is moment in history when everything starts falling in place, until then nothing will seem like working right.
    But when we reach the critical mass you will see this thing take off, until then buckel up your seat belts and expect the tide to set in soon.





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  • apnair2002
    04-29 09:23 AM
    04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications

    As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
    This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
    Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
    Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
    Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
    Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
    Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
    Well, let's wait and see the text of the soon-to-be published final rule.



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  • jasmin45
    08-18 09:49 PM
    Wow!!! Nice post. I like the last line you mentioned. :)

    Really? sounds weird.
    Guy's unearthly attitude explicit in the post is truely laughable.





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  • copsmart
    09-24 08:10 AM
    This is not fair and good idea. what about people waiting in line for years and invested their money elsewhere because of this green card delays or those who do not have enough money and job in this market situation. All of the sudden you are brining this idea. This is not fair. This is kind of buying green card. There is a investment based green card category available for that. I request you to go through that channel if you are rich. Not all employment based green card seekers are rich. Please keep that in mind.

    thanks,
    aps


    You are not buying Green Card, you are buying home which you will eventually buy at some point down the road.
    I agree with Nixstor�s idea and I fully support it.

    Even if the proposal doesn�t work, it would at least give some awareness to the lawmakers that expediting EB green cards would pump lot of money into this country�s economy. Plus, it�s a great selling point for representatives like Lofgren, who is trying to help us by defending 100s of amendments from anti-immigrants like King and Smith.

    Not all EB GC seekers are rich, but they are rich enough to afford for a home.
    So please refrain from posting negative comments.

    BTW, feel free to give me red or call me jacka## like some other coward did.



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  • qualified_trash
    05-17 06:11 PM
    Hello Friends and my fellow GC awaiters..
    I have my labor pending for the past 3 yrs (my PD is Aug 2003) and have been waiting for ever. Inspite having a Master's I did filee in EB3 just because I work for a large company which does not allow to file in EB2.

    Anyways, I came across a company who said that they have a pre approved labor (late 2002) priority date. Is it wise to go for it or wait for something in EB category to move ahead?. I have at least 1 yr 3 months on H1 and will not have any other options except to stay in the company after 3 months.
    Is it worth taking the risk and go with the labor substitution?
    The second question/advice I'd like from you is:
    If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
    Pls let me know your opinion.
    Thx a lot guys.

    Hope is a good thing, maybe the best of things. And no good thing ever dies
    1MoreDesi !
    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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  • santiwar
    12-13 04:56 PM
    If i am not mistaken, Barack Obama practiced constituional law prior to becoming a senator of IL, and is regarded as an expert on this subject. Not sure how it fits into our grand scheme of things, just thought I'd throw in this interesting Tid Bit.

    Given out present plight,we all seem to be the posterchild of his very engaging book titled "Audacity of HOPE" :-P





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  • pappu
    07-02 10:43 PM
    IV release.:Please send it to other media offices and free press release distribution services
    http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html





    vagish
    05-09 09:46 PM
    Did you get a job in US before you came to US. Most probably not.
    There are a lot of people who come to US blindly like students or consultants. They also landed up jobs (doing what they were meant for and not as cabbies or as janitors) and built careers.

    There are no or few body shoppers in canada because there are only a few shops :-D

    For the majority this is true in US. This is what land of opportunity means.
    It might be true for a few cases in Canada but for the majority it is false advertisement. Canada is not a land of opportunity. This is not a few of those who have been burnt talking. Try getting a job in Canada. Look at the salaries for yourselves.

    Folks am again telling this for your own benefit only. I have nothing to gain. I was not wise to do that. So thought I would guide the poor wandering souls here. Dont waste your dollars in Canada PR when you have US GC pending. It will do you no good.

    I wont post on this thread again :)

    ---DISCLAIMER: ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---

    I disagree, I have friends who are DBA's ( oracle and DB2 ) , I know he has been working for $85/hr in canada from the past five years, there are lots of insurance , financial bank in canada, and also for SAP consultants there are excellent oppurtunities in alberta ( HUB OF OIL COMPANIES ) , I know lots of people are driveing TAXI but some body with experience should not find it immposible. Another friend of mine from INDIA landed directly in toronto, with only 2 years experience in .NET , with in four months he got a job.

    So again if you do ur homework, you can settle down with ease in canada.

    thanks





    logiclife
    07-10 11:08 AM
    Very well said.

    To add to that, my message to Ron Hira, his IEEE-USA, John Miano, others at programmer's guild, Bernie Sanders etc. :

    Your plan to stop outsourcing is really going well. Isnt it ? Well, this is exactly why people like you and John Miano get replaced by hard-working foriegn workers. Because the foriegn workers have a mission to accomplish when they accept a job, unlike you, who intends to do one thing (stop outsourcing) and ends up achieving the opposite (cause outsourcing).

    Keep up the good work and blame the foriegn workers for all your problems in life, including global warming.

    And Bernie, you are the best. Now tell me, how are you going to protect the Americans whose jobs are being taken and shipped to Canada. Are you planning to run for Senate in Canada ? How about you resign and run for office in Canada and slap a $5000 fee there and also give a grand speech you gave in US senate ? Go Bernie, go.



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