Mike Tyson Tattoos

In my opinion, AC21 seekers will have affect only when they need H1 sponsorship with new employer and that too if they move to a consulting company.

correct me if I am wrong...

That means---> Once the labor is approved you have to use it in 45 days.
ie apply for 140 in 45 days or LC is expired...I'm glad they did not propose to file I485 in 45 days :D

I think 45 days is too short. Since LC cannot replaced, it cannot be used for anyone else. So I dont understand why they need an expiry date too...At lease a LC should be valid for 6 months.

But we have to wait and see what the final rule is. There may be some changes fromt he proposed rule.

babu



Can you anyone tell what the lines highlighted below in blue means ?

************************************************** ******

RIN: 1205-AB42 Agenda Cycle: 200610

Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity

Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).

************************************************** *******
i got the above info from the OMB website below -

http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657

I suggest that you do this: Send the URL from AILA's memo about what happened to EB3-other worker category in June. And copy your HR and senior folks of your company when you email lawyer. That will tend to focus the attention of your lawfirm and they will either have to say "We will file asap" or they will have to say "AILA's memo doesnt mean anything".

I bet they will come back with the former conclusion.

Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.

The lawyers are like USCIS where you are a "case" and not a human being. So, their attitude is that "I will get to it when I get to it" with no sense of urgency even when someone's life hangs on it...this is what they call "customer service" :rolleyes:

This is totally correct!!!

Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D

Read this report if you have time. This will tell you why the problem in SL will be there for ever. Again i am not supporting LTTE.

If SL does not change then someone else will come even if there is no LTTE.

http://tamilnational.net/images/2009/april/Asia/TamilNational_Genocide_Part_I.pdf

According to Ombudsmn report a documentarily qualified applicant is an applicant with approved I-485. The ombudsman report is a must read; most of the threads will not pop up if everyone reads them.

In the same bulletin they use this defunition for Documentarily Qualified

Documentarily Qualified
The applicant has informed the consular processing office that they have obtained (after being requested to do so) all of the documents which are required to meet the formal visa application requirements

I think that the ombudsman is going one step further by saying approved it should be applied or properly filed

All I'm saying is, there's good and bad everywhere, and Canada, always rates highly.

Like you however, I'm here because I like it here. Frankly, after Canada, the weather in California is too hard to give up :)

In the end, as you say, it's all objective.

And who rates Canada highly? That requires a different forum for debating but I am just giving you the hint that it is international scam to rate it high.. That is the subject of politics and we would not start debating that at least on this forum..

Dear Samay

My wife's H1 COS is approved with a start date of Oct 1, 08. Due to a family emergency she needs to travel to India and stay there for extended period of time (well past Oct 1. Expecting to return back End of Nov). Currently she is on H4 with her H4 Visa stamp expired.

My question is can she come back on H1-B status at end of Nov? I understand that she will have to apply for H1-B visa stamping without paystubss in India and that can be very risky.

She needs to leave ASAP (once we receive the approval in hand). Can she leave prior to Oct 1 or does she have to wait till Oct 1 and then go in order for COS to take effect?

Your response is really appreciated.

Get a lawyer to answer your questions, they are beyond any competency floating around these forums.

And don't listen to all this venting frustration. If you can get yourself a better deal within the limits of the current law -- go for it, and let everyone else burn in hell :)

I like this news even if it is rumor. I have 3 live examples of the CTS guys that are not even eligible for H1 came on L1 (Project Manager) and applied in EB1 and all got Green Cards in 9 months. Their pay is even peanuts. Why USCIS does not check the pay stubs for these L1s?

Write to the Ombudsman. His office works on such issues, and makes recommendations on USCIS working improvements.

I'm on H1 and I also bought a house 2 year ago, though would like to sell my house , it's a great idea as I can sell my house easily if that strategy worked out. Then I can buy a house again in order get a GC quickly. ;)

Great Idea! I do support.

The unused Employment Based visas will be added to the following year's Family Based visas.

CAN ANY ONE BELIEVE THEY GAVE 10,326 "UNUSED" EB NUMBERS TO FAMILY BASED IN THE YEAR 2006?? AMAZING.

http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf

Another concern I have on your estimation is it looks like unlimited categories (immediate relatives) eat into the overall numbers. But it looks like FB is guaranteed minimum of 226,000 each year.

Good summary but let me also add the observation that eliminating the per country quota alone will not bring the desired benefit unless the following are also implemneted

1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.

--Improve processing time to consume full quota allotted per fiscal year. If the cases are processed at snail pace, increasing quota to half a million visa doesn't mean squat to anybody. It will fall into another cycle of "waste visas & recapture visas"

I keep thinking about going back and your inputs are valuable in this regard...
But in my case I could think of a few more factors...
1. Back home the economy is sizzling...(Don't know how long that would last)..
2. My friends who chose to stay in India/left for India in 2/3 years have a greater net worth than I have...(through stock market/real estate appreciation..) again do not know how long/whether this would last..
3. I am really at my wit's end as far as work is concerned...The stagnation is killing me...I am in this place for last 7 years....

Good discussion so far MSP and UNITEDNATIONS but you folks touched the weakest point for me
Some of us like me dont have any choice but stay and wait for GC.
Reason came here late age and now wife is doing Phd and Kids are doing good at school , elder one about to enter college ( i have to pay the full fees if i dont get GC soon) and high school GPA close to 4.0

October bulletin has already moved to Jan22'2005. From other tracking sites there are not too many Feb'2005 applications. But we have plenty of March 2005 applicants. Once it crosses March it will zoom ahead to end of 2005.

But it could be September 2010 by the time it comes to March,2005.

Any idea what would be the number of pre-perm applications arnd mar-2005. Will it be like in 10K numbers . Any idea?

Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.

Regardless of your credit history/income/financial strength/savings there is almost no credit available in the market. Whether you want to buy a house or you want credit for a small business, there is no credit b'coz the lenders do not want to lend. That's the crisis. And if there is no credit, willing and able buyers, just like yourself will not be able to buy a house.

Administration wants $700 billion to buy bad mortgages (5% of the entire outstanding mortgages), which will inject confidence in the lending agencies, whereby easing the credit market, allowing everyone to get a loan and do whatever they have to do. But it doesn't end their, to recover from the economic slum, housing market must come back. And to bring the housing market, there needs to be more buyers in the market. As Alan Greenspan said few months back, speed-up GC, it will help bring buyers to the market, helping to bring back the housing.

After $700 Billion bail-out, the credit market will start to stabilize and it will be easier to get mortgage.

guys,

why are you behind balls? Someday, if someone reads these posts, one may think, SRK was frisked to see if he really got balls.....:):o:confused:

I'm tired and extremely frustrated. Maybe this country does NOT need
an experience special education teacher nor a registered nurse (my husband), who studied here but cannot work because of unavailability of visa/green card.

Starting today, I will explore the possibility of moving to Canada. Could anyone direct me on how to start?
Google "Canada Immigration"... very first link that you get will be very useful.

Its possible we will not win such a lawsuit....I am not a lawyer, and often things which seem discriminatory to the common man, cannot be proved so in the court of law.
Yet, such a lawsuit could get some publicity and at least highlight the baltantly unfair laws against certain groups people based on country of birth in the EB category.

It very well depends on the lawyer .

If he could prove country quota as unconstitutional, which i feel it is.

But yes IV should talk to a good constitutional lawyer(not immigration), and find the odds,

And as you said, even if we do not win , we would for sure get some media coverage.

Ramba, can you please update your profile? I am surprised a Brazilian knows much about Indian politics.

If a Italian citizen controll the major Party of India; why not a Brazilian knows more?:)

Any way I will update soon....

I understand that per country cap is painful for certain countries. But i think they want the employment based immigrant community to be as versatile as possible. I have never heard someone complaining about the DV program where certain countries are not allowed to participate. The reason behind is that they want people from all over the world not just from certain parts of the world.

What part of "Diversity Visa" don't you understand ? The objective there was and is "DIVERSITY" and therefore it make sense (albeit a limited one).

Why should there be a restriction based on COB for employment based visas ? Do you think the Govt can dictate companies to recruit only so many people from different demographies ? I guess not.

Thank God there is no such restriction on H1.

I know it sucks for guys from ROW to be treated on par with ICMP quartet. But is only fair to be treated equally at least in EB categories.

As many have suggested before, this removal of quota in it self will not solve the immigration problem. But is is fair and equitable in my opinion. And the opinion generally is different based on what side of the fence you are on. Recapture and increase of the annual limit to a more reasonable number is the correct solution.

Although it may be kind of wishful thinking from the ICMP quartet to get this per country limitation removed, I personally feel the odds of that happening or very low. So guys from ROW, please chill. You are probably alright. Removing the world hunger is the right thing , but that is not going to happen. Some people continue to eat mud cakes to kill the hunger (This is a true story. I read an article recently).


Most problems in the past have been resolved by not improving/patching the current system/source but by paradigm and systematic shifts. The root of the problem at the conceptual level is the demand for these visas from these countries. If the India and China continue their current growth rate for the next decade, they probably don't need this many visas :) who knows :).
But for now this is a problem for all of us who are struck in this nightmare.

Sent the e-mail to the folks in my state.