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  • ksircar
    06-21 03:47 PM
    Hi Neocor,

    I understand your frustration very well. Of course the labor substitution is not logical, but it is not the root of the problem. Just think rationally how many people take advantage of this option. The real cause of our problem is Number of Visas. As long as it is legal, people will go for it. They should not be blamed, rather it is our inability that we didn't find the right "Approved Labor". If you find something suitable, will you not go for it?





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  • samay
    08-25 02:54 PM
    Hi,

    I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.

    Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.

    I am aware of the possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved H1B.
    But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.

    Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.

    Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.

    Thank you very much in advance...

    You cannot start working till you get your H-1 B stamped. I think you misunderstood what the consular officer said to you. Please see a good attorney before you start working or contact me.





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  • sriramkalyan
    01-13 07:55 PM
    My take is BODY SHOPPING is killed.
    H1Bs can work at direct employer or as an employee of direct vendor at off site.

    No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.

    Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..





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  • krishnam70
    07-10 01:42 PM
    Wish you the very best byeusa......

    I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...


    we have until july 2008 to move in to canada, lets see its probably bye bye usa if something does not happen until then. tired of waiting for this elusive GC, my story is verry verry similar to byeusa..



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  • Mani
    12-13 01:38 PM
    I understand challenging the law could be a costly affair.
    If congress can amend the law to exlclude country cap for Amensty programs and undocumented workers (Comprehensive Immigration Reform) then why should it be difficult to use the same yardstick for Employment-based category or any other category for that matter ?





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  • eb2_mumbai
    09-15 08:21 AM
    Dude, we need to take into account the thousands of EB3 I -> EB2 I conversions :(

    Its not as easy as you make it sound. If a person starts today for a new EB2 labor it will take least 1.5 years to get new I 140 approved. This is without any RFE at either stage. Considering today's environment where even simple H1 transfer has become a challenge it takes a really brave person to be playing with fire. Most consulting companies are not enthusiasitc about filing labors and fulltime companies have already said that they are getting too many responses to job advertisement so labor cannot be filed.

    Add to that it takes least $7000 to file both labor and 140 in terms of expenses.



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  • anilsal
    12-14 12:51 PM
    It is good to have constructive arguments. I request you to at least have the decency to use "smileys" (preferably the happier types) at the end of strong sentences, such that u don't come across as rude to the readers..... :cool:





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  • chanduv23
    05-18 08:31 AM
    Best of luck...sri lankan sinhalese and sri lankan tamils...I hope you can accept each other's perspectives and move away from extreme positions.sri lanka is such a beautiful country. i hope i can visit again and explore the northern areas..here's wishing peace with dignity (not subjugation) for all.

    If you talk to a Sri Lankan tamil - they are under the impression that Sinhalese people are barbaric and we cannot live with them in peace. If you talk to Sinhalese they say the same.

    The thing is - it is difficult to change people's views and opinions. The whole thing about history and religion and discussing what people did thousands of years back and why people are killing now and linking things is just an example of how a human mind is oriented.

    We can clap only if two hands join. If one part seeks peace and the other does not - then it is not as easy as we all preach.

    Lets take the example of how difficult it is for us to get any legislation passed to help clear our backlogs and resolve our issues. Now, why is it so difficult? It is not because the system is noy good - no one other than US who suffer will agree the system is not working. If you step into the shoes of someone from the other side - you will realise that - things are not easy, especially to deal with Beurocracy.

    Will things change? Lets hope for the best - let us atleast do our part by inculcating love and good heartedness in our next generation - let us not tell them - "in history such thing happened thats why I have this opinion and you must also have the same opinion"



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  • gc4me
    03-28 02:37 PM
    Looks like we have 45 days after the rule goes in effect. Please read the following text.
    Will you please tell us which text you are refering to?


    (b) Expiration of labor certifications. For certifications
    resulting from applications filed under this regulation and the
    regulation in effect prior to March 28, 2005:
    (1) An approved permanent labor certification granted on or after
    [effective date of the final rule] expires if not filed in support of a
    petition with the Department of Homeland Security within 45 calendar
    days of the date the Department of Labor granted the certification.
    (2) An approved permanent labor certification granted before
    [effective date of the final rule] expires if not filed in support of a
    petition with the Department of Homeland Security within 45 calendar
    days of [effective date of the final rule].
    (c) Scope of validity. For certifications resulting from
    applications filed under this regulation and the regulation in effect
    prior to March 28, 2005:
    (1) A permanent labor certification for a Schedule A occupation or
    sheepherders is valid only for the occupation set forth on the
    Application for Alien Employment Certification (ETA Form 750) or the
    Application for Permanent Employment Certification (ETA Form 9089) and
    only for the alien named on the original application, unless a
    substitution was approved prior to [effective date of the final rule].
    The certification is valid throughout the United States unless the
    certification contains a geographic limitation.
    (2) A permanent labor certification involving a specific job offer
    is valid only for the particular job opportunity, the alien named on
    the original application (unless a substitution was approved prior to
    [effective date of the final rule]), and the area of intended
    employment stated on the Application for Alien Employment Certification
    (ETA Form 750) or the Application for Permanent Employment
    Certification (ETA Form 9089).


    Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm





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  • micofrost
    03-27 05:18 PM
    Imaginne this, we get a fast trak citizenship process to Bill Clinton. Anyway, we Indians luv him so much, more than his wife or daughter would to him.

    And he will definitely win, make him the PM. With Obama in US and Bill Clinton from India, we can defintely lobby for our GCs and then India-US, will be new bhai-bhai....



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  • gcdreamer05
    07-03 01:43 PM
    This is a question to the attorney.

    There has been several posts in this site as well as other sites about the recent PIMS delay for stamping in Chennai and other consulates abroad. (That is visa extensions based on approved I-140). In my case i am in 6th year of h1b and am eligible to get 3 years extension as my I-140 was approved more than 2 years ago.

    Some members had said it takes anywhere between 10 days to more than a month or so.

    Please advice us who are waiting for visa extensions based on approved I-140, as to what we should do to mitigate this pims delay.

    Because people like me get 2-3 weeks holiday to go back home and if the stamping gets delayed then everything including our job is at risk.





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  • sobyb
    05-01 05:17 PM
    Tomorrow if we or our generations are getting killed in the US, would you say the same thing. Now do you understand why the country needs to care about its people no matter where they are.

    "Tomorrow if we or our generations are getting killed in the US, would you say the same thing" ....

    Of course yes! If our generations are US citizens, US govt should take care of them and if they are part of any terrorist organisation, they should be treated the way terrorists are treated.

    "Country needs to care about its people" ... Its is in your quote ... Issue is about Srilankan's and their goverment should take care of it, NOT India. I don't think any one has a doubt about how LTTE should be handled.



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  • snathan
    08-16 06:06 PM
    Its just highlighting the profiling because of name of religion or skin color. I agree world is not going to end but Indians need to be assertive to protect their own dignity.

    In that case we have to do it everyday...not only when SRk was detained. are you doing that...no. Why?





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  • dilipcr
    06-12 03:53 AM
    dilipcr,

    Don't tell us you are trying to save america for americans ( now that you are going to be a citizen)

    Nope I am not. I am suggesting that first let the deserving get the GCs and not waste time fighting for all

    You are just trying to close the door behind you.

    Nope. I want the deserving people to come in. My criterion for a deserving guy is that the person works directly for a company. If you believe my criterion is flawed then call it out. Dont go about saying that I have selfish motives. wage destruction not just affects me but also the future IV GC holders and citizens. So whats wrong in my calling it out ?

    You think Grassley bill is good for everyone. Yeah sure it is good for you !

    Yes everyone in America for sure and it includes the current H1bs and prospective GC holders

    You have begun to think like loosers guild( aka programmers guild)
    If by saying that the deserving should get the first opportunity to get in, I belong to the losers guild, then I salute your critical reasoning

    You claim the fittest will survive and you don't need any luck to survive. However you had your round of layoffs too. That is a fact of american job market. Luck does play a lot in people's lives especially here in US. I have heard of an IBM engineer who was laid off during 2001 recession. He had 2 patents under his belt. So nobody is immune to luck factor.

    There you go. No wonder I still come across the favorite Indian past time of attributing everything to luck. Yes I had my share of layoffs. Why isnt it viewed from a point of view of my tenacity of survive, hang on and push harder ? Why should it be luck that aided me ? So you want to twiddle your thumb hoping that luck would take you through this journey ? Why not take some action ? If I had sat in a corner weeping and blaming luck for my 3 layoffs in 1 year, i would not have been whatever I am today.

    Now that you have become a GC holder and soon going to be a citizen, you are so much worried about the wage levels and and L1 visas. You are ok with H1Bs because you were on H1B earlier in your life.

    Yes I was a H1B to start with. But I did not represent an outsourcing company or a body shopping company. I was hired by a top notch company named MSFT. Ever heard of the spell check and grammar check algorithm in MS Word ? I had put in my 2 humble cents in developing an algorithm for MS Word 97 product then.

    Did you ever worry about depressing citizen's wages when you were on H1B ?

    You still think that I joined MSFT then after depressing a citizen's wage.

    It is one thing to be so self centered, another to say it aloud on a prospective immigrant's forum like IV.

    If my self interest would serve a great good for the deserving what is wrong in that ?

    BTW america is the best place to do business. If you feel threatened by more work force entering USA, become an entrepreneur like Vivek Wadhwa, not a loser like Ron Hira.

    Aren't we Indians a bunch of crabs !

    Dude, Read Vivek Wadhwas findings carefully. He wants the best and the brightest to be provided unlimited visas. I agree with him completely. He is not for perpetual fraud and wage destruction as proferred by the outsourcing companies. Next time when you quote a defence, atleast quote something that supports your case not the opponent's :-)



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  • NolaIndian32
    09-23 01:12 PM
    Nixtor,

    I like your idea, but please consider current homeowners as well in your proposal. I understand that if new homeowners are removed from the queue I am standing in, it will benefit me. But seriously, I will not get immediate relief. I will have to continue to wait in some queue for another decade. I have been in the US since 1994, completed 6 years of education and have been employed since 2000. My PD was current for 2 months, I am still sitting here looking at a dismal October Visa Bulletin. Yes, I bought my house 4 years ago. Why can't I be included in this list?

    Should I promise to buy a second home? Will that put me in the category you are proposing?





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  • Desertfox
    09-23 05:35 PM
    FIRST lets just send out the emails as requested by IV (Yes, this is OFFICIALLY ENDORSED BY IV initiative)
    We will have all the time in the world to discuss the details.

    OK... I support the initiative because it will remove some people ahead of me in line. However, I bought a house last week with 3% downpayment on FHA loan, and now how can I justify writing an email with the draft that urges for GCs only for those who paid 20% downpayment?

    Can you give me some thoughts on this so that I can make my selfish mind to agree on writing this email to congress?



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  • thepaew
    12-13 04:46 PM
    It will be a total waste of effort. Congress has exclusive purview to regulate relations, commerce, etc. with foreign nations. No lawyer/court can provide quick fix and the case will not be heard.

    No shortcuts guys!! For any real change we have to convince the US Congress and the Executive Branch. And that involves time, commitment and money.

    It will be a waste of money. The US does not have to allow any immigration if it chooses so. Do you realize that getting a GC is not a right, but a privelege? It's a matter of grace and no court has jurisdiction to review if government says "no".





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  • qualified_trash
    11-12 06:40 PM
    everyone on this thread must ask ourselves this question:

    My HR manager has told me that there will be a labor available which I may be able to use to gain a better PD and get my GC in record time. Do I go for it?

    If your answer to the above question is NO, may I suggest you have your head examined.........

    If your answer to the above question is YES, may I suggest that you do not worry too much about LC substitution.

    I personally would never pass up a chance at a pre-approved labor and I bear no ill will or grudge against those who have benefited from the same. This country and world is large enough for all to coexist and do well........

    As for the people who have benefited, there is something to be said about being in the right place at right time.......





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  • yabadaba
    02-14 02:32 PM
    Please be advised, that IV will not endorse this. If people are gathering here and in places like , please form your own mailing group and proceed.

    Those who are on this thread, if you have not yet sent the letter to President for the Admin fix campaign, please send it, and help IV make the grassroots campaign successful.
    chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?





    sidbee
    06-02 03:44 PM
    Why is it absurd to change the country quota? What is the use of the country quota..is it necessary for diversity? The primary basis by which a person qualifies for employment based GC is through his academic qualifications and work experience....how is deciding how many GCs you would give based on country of birth relevant in this case. What is the basis of such a rule unless you want to limit the no. of people coming from countries which produce large no. of qualified, educated people. How is this fair considering that India and China produce at least 10 times more college graduates than most other countries in the world other than the USA.

    If promoting diversity was the cause, there's already a diversity GC process and people from India, China and some other countries are not eligible to apply in those categories.
    If limiting people from certain ethinic backgrounds based on current population of USA is a criterion - lets get this fact straight - Indian americans are less than 0.4% of US population there are far more people of vietnamese, philipino and few other southeast asian origin in the USA. In fact if limiting people of certain ethnic background from becoming larger part of the population and maintaining racial diversity had been a criterion, people of Irish, Polish, British, German (or most EU countries) shouldn't be allowed to immigrate to US at all since people of those heritage already form large % of the population. Yet, any similarly qualified person from these countries can get a EB GC in a year or two now while an Indian has to wait 8 - 10 years.

    I am quite sure a skilled civil rights lawyer can prove the current situation against Indians in EB category as case of discrimation based on country of birth, since the stated goal of the EB category is immigration based on skills and academic qualifications.

    I am the one , who proposed this idea, and people tend to disagree.
    I am again saying , the only solution is a lawsuit.





    ivar
    08-15 12:23 PM
    --- Deleted ---



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