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whoever
04-28 12:48 PM
so no more labor substitution han? that sounds so sweet to me. we should expect pd movement for eb3 now and maybe for eb2 too now. and this is the best news i have heard in such a long time.
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swethanjit
07-09 07:29 PM
Dear Sir / Madam,
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?
Regards
Swetha.
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?
Regards
Swetha.
GCFROMOHIO
03-26 06:18 PM
Hi All,
I currently have an EB3 March 2003 priority date labor I140 approved with my company. Recently, I wanted to move to consulting, sothat I can get my GC converted to EB2 as the dates are only 2 months apart. I have asked my company if they are willing to take me as a contractor once I am out of the company and go to a consulting company. They said that it should be fine, but they said if GC is the only purpose, they can try to do something about converting my existing labor to EB2. It's a very big fortune 500 company and they do all their labors in EB3. My question is:
1. Can I re-apply another labor in EB2 for a position that qualifies in the same company and can port the existing EB3 priority date? Has anyone done this in the past?
2. Can I use any prior priority date approved labor in the same company, even though my EB3 I140 is approved with the same company.
3. Can I move to consulting company and reapply in EB2 with existing priority date and work for the same company that has my current labor.
The company legal counsel said that they would come back to me with some answers this week, but I want to get second opinion from all of you in this regard. I have my Masters in 2000 and MBA in 2004 with 8 years experience and so EB2 qualification shouldn't be a problem
Any help will be greatly appreciated!
Thanks,
I currently have an EB3 March 2003 priority date labor I140 approved with my company. Recently, I wanted to move to consulting, sothat I can get my GC converted to EB2 as the dates are only 2 months apart. I have asked my company if they are willing to take me as a contractor once I am out of the company and go to a consulting company. They said that it should be fine, but they said if GC is the only purpose, they can try to do something about converting my existing labor to EB2. It's a very big fortune 500 company and they do all their labors in EB3. My question is:
1. Can I re-apply another labor in EB2 for a position that qualifies in the same company and can port the existing EB3 priority date? Has anyone done this in the past?
2. Can I use any prior priority date approved labor in the same company, even though my EB3 I140 is approved with the same company.
3. Can I move to consulting company and reapply in EB2 with existing priority date and work for the same company that has my current labor.
The company legal counsel said that they would come back to me with some answers this week, but I want to get second opinion from all of you in this regard. I have my Masters in 2000 and MBA in 2004 with 8 years experience and so EB2 qualification shouldn't be a problem
Any help will be greatly appreciated!
Thanks,
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yogi13229
07-08 03:10 PM
I have filled my Green card in Eb3 category. I am planning to now file it in Eb2 Category, but want to retain my Eb3 Priority date (which is 2005) . Please let me know:
1) How does it affect my current Green card process in case of Rejection of New ( Eb2) or Query on it( RFE).
2) If a different employer files my green card in EB2 category, at what stage will I have to join this new employer. I am planning to let my new (future) employer file GC in Eb2 while I continue working for my old employee. I will then join the new employer after getting the green card. Is this possible? I want this EB2 case to have the same priority date as EB3.
3) I Have Already filled 485 in Eb3 category , Do I have to file I485 in Eb2 Again or my Previous Eb3 485 Transfered to this New Eb2 Category
4) If I have to file New I485 in Eb2 in that case what happened to My Eb3 485
Thanks
yogi
1) How does it affect my current Green card process in case of Rejection of New ( Eb2) or Query on it( RFE).
2) If a different employer files my green card in EB2 category, at what stage will I have to join this new employer. I am planning to let my new (future) employer file GC in Eb2 while I continue working for my old employee. I will then join the new employer after getting the green card. Is this possible? I want this EB2 case to have the same priority date as EB3.
3) I Have Already filled 485 in Eb3 category , Do I have to file I485 in Eb2 Again or my Previous Eb3 485 Transfered to this New Eb2 Category
4) If I have to file New I485 in Eb2 in that case what happened to My Eb3 485
Thanks
yogi
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vdlrao
07-24 09:40 PM
I really doubt whether any attorney knows how many total VISAS are there for EB1 + EB2 for the fiscal year 2008. On this total EB1 + EB2 we got an estimation based on our calculations in our privious posts.
waitingmygc
01-14 12:24 PM
First, please stop comparing companies in this thread at least because we are diverting from topic.
I am totally convinced with users like jetflyer, kondur_007 and others that �if it goes smooth then next will be EAD, then I-485 approvals�.
At least this is the time to think beyond boundaries (like EB-3, EB-2, working as FT, working with consulting company, states and countries), if not then don�t distract the efforts.
I am totally convinced with users like jetflyer, kondur_007 and others that �if it goes smooth then next will be EAD, then I-485 approvals�.
At least this is the time to think beyond boundaries (like EB-3, EB-2, working as FT, working with consulting company, states and countries), if not then don�t distract the efforts.
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pointlesswait
09-23 01:01 PM
well said sayantan..
This whole idea of linking GC to probable purchasing homes..is insane!
it stops short of black mailing...
The 700Bn or whatever the final number is not entirely a drain.....
the thing with all these exotic securities is not that they are completely worthless but that there is no market for these right now and hence are illiquid - so if someone had the ability to keep these securities for a long term (say 30 years - since most mortgages are for 30 years) on their balance sheet - they may not lose as much money as they would if they tried to liquidate these investments in the short term.
Financial Institutions typically borrow short term to invest in long term investments and keep renewing the short term borrowings - since the underlying investment has become illiquid - it has become difficult to raise financing against it. the govt, howver, can take a long term view and be patient....who knows.....in the end - the Govt may actually come out with positive cash flow at the end of all this mess. So, the bail-out plan may not be as bad an idea as media is portraying it to be.........in short-term - it does take US into further indebtedness.
I already have a GC - so this debate does not impact me personally - but this is against the basic principals of natural justice.......GC applicants were placed into certain EB categories based on job descriptions and qualifications and then within queues assigned priority dates based on certain logic and are currently being approved based on PD and country quotas..........all these rules were known and published prior to companies and people applying for these GCs.....
No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......
keep the red dots coming folks!
This whole idea of linking GC to probable purchasing homes..is insane!
it stops short of black mailing...
The 700Bn or whatever the final number is not entirely a drain.....
the thing with all these exotic securities is not that they are completely worthless but that there is no market for these right now and hence are illiquid - so if someone had the ability to keep these securities for a long term (say 30 years - since most mortgages are for 30 years) on their balance sheet - they may not lose as much money as they would if they tried to liquidate these investments in the short term.
Financial Institutions typically borrow short term to invest in long term investments and keep renewing the short term borrowings - since the underlying investment has become illiquid - it has become difficult to raise financing against it. the govt, howver, can take a long term view and be patient....who knows.....in the end - the Govt may actually come out with positive cash flow at the end of all this mess. So, the bail-out plan may not be as bad an idea as media is portraying it to be.........in short-term - it does take US into further indebtedness.
I already have a GC - so this debate does not impact me personally - but this is against the basic principals of natural justice.......GC applicants were placed into certain EB categories based on job descriptions and qualifications and then within queues assigned priority dates based on certain logic and are currently being approved based on PD and country quotas..........all these rules were known and published prior to companies and people applying for these GCs.....
No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......
keep the red dots coming folks!
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amoljak
10-23 04:02 PM
Now can the company SELL this Labor certification? Can another company BUY such a Certification? I have heard a lot on this site about LC substituion and how they are sold/bought at a premium. How does all that work. Is that even possible?
eb3_nepa, some people have the special ability to create business opportunities when others see none. E.g. Do you think a job at a primary school can be sold? Think again. You have to buy it in India. Another example... have you been to the Empire state building? For $12 you can wait in line for ~4 hours and enjoy the view after that. But for $40 you can go straight to the top. With labor sub its the same deal. Your company has an approved labor, there are 5 suckers who would otherwise wait 10 years in the GC line. They all do a great job of Java programming that you need your prospective employee to do. How do you decide which one to hire?
For some companies its easy.. they select the one who pays them a premium.
To your other question... no you cannot transfer approved labor to other company... so if you want to be in this business of labor subs, you have to go through the pains of labor before being able to sell one...
Some smart people have figured another great business. They go through the labor pains once and then clone the labor certs (hint: color copier)... those visionaries sometimes end up behind bars...
eb3_nepa, some people have the special ability to create business opportunities when others see none. E.g. Do you think a job at a primary school can be sold? Think again. You have to buy it in India. Another example... have you been to the Empire state building? For $12 you can wait in line for ~4 hours and enjoy the view after that. But for $40 you can go straight to the top. With labor sub its the same deal. Your company has an approved labor, there are 5 suckers who would otherwise wait 10 years in the GC line. They all do a great job of Java programming that you need your prospective employee to do. How do you decide which one to hire?
For some companies its easy.. they select the one who pays them a premium.
To your other question... no you cannot transfer approved labor to other company... so if you want to be in this business of labor subs, you have to go through the pains of labor before being able to sell one...
Some smart people have figured another great business. They go through the labor pains once and then clone the labor certs (hint: color copier)... those visionaries sometimes end up behind bars...
more...
BharatPremi
12-13 04:27 PM
we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).
However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
if it is indeed found that the rule can be challenged.
Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?
However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
if it is indeed found that the rule can be challenged.
Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?
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grupak
12-13 11:25 AM
Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
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tikka
07-03 10:03 PM
For all those that blame all the problems of the world on "illegal" immigration, including documented Latino immigrants, the news that so called "legal" immigrants hoping to be first in line for employer-sponsored green cards lost time and money when the government suddenly announced Monday that no new applications would be taken until the fall doesn't make the current system look so hot.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers. It sometimes takes years for applicants to get those numbers.
The announcement meant that as early as Monday, Citizenship and Immigration Services would begin accepting applications. The applications are hefty, requiring medical exams, a lot of documentation and the applicant's presence in the United States.
But an update on the State Department Web site posted Monday said 60,000 such numbers were no longer available because of "the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month."
The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
Practically speaking, what does this mean? Tens of thousands of people who work in the United States under employment visas and their families were affected by the change. There are reports of family members flying in to apply only to have to fly back.
Then people wonder why my faith in the immigration system and reforming it is nonexistent.
http://vivirlatino.com/2007/07/02/even-documented-immigrants-facing-an-uphill-battle.php
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers. It sometimes takes years for applicants to get those numbers.
The announcement meant that as early as Monday, Citizenship and Immigration Services would begin accepting applications. The applications are hefty, requiring medical exams, a lot of documentation and the applicant's presence in the United States.
But an update on the State Department Web site posted Monday said 60,000 such numbers were no longer available because of "the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month."
The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
Practically speaking, what does this mean? Tens of thousands of people who work in the United States under employment visas and their families were affected by the change. There are reports of family members flying in to apply only to have to fly back.
Then people wonder why my faith in the immigration system and reforming it is nonexistent.
http://vivirlatino.com/2007/07/02/even-documented-immigrants-facing-an-uphill-battle.php
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amslonewolf
04-28 07:14 PM
http://www.reginfo.gov/public/do/eoDetails?rrid=114132
It cannot get more official than this. Please note, that this still needs to be published in the federal register.
It cannot get more official than this. Please note, that this still needs to be published in the federal register.
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bazuka6
06-13 09:12 PM
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.
so what are the ones that fall below on points supposed to do ? pack and leave after 10 plus years of being here ?
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.
so what are the ones that fall below on points supposed to do ? pack and leave after 10 plus years of being here ?
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dan19
02-12 06:58 PM
After reading through the forums, I understand the EB3-World needs to become current for any others to move forward.
But now I notice that EB3-World itself has stopped moving after jumping for some months. Any reasons? (The 245i is already cleared and now it is in Aug 02)
Is there any other 245is preventing it????
But now I notice that EB3-World itself has stopped moving after jumping for some months. Any reasons? (The 245i is already cleared and now it is in Aug 02)
Is there any other 245is preventing it????
more...
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a2006
05-29 09:57 AM
It is major contributing factor to Eb2 and eventually EB3 retrogression. And something needs to be done to make sure that so called project managers from these IT firms from India are not able to apply in this category.
I am not sure if EB1 India cap of 3000 visas has been met already. If it was met, then they would have set a priority date for EB1 India too. Assuming that it is not being met, these project managers along with their spouses should be taking only a very small number and that shouldn't contribute much to EB2-3 retrogression numbers. So our real problem is lack of numbers for EB2 and EB3.
I am not sure if EB1 India cap of 3000 visas has been met already. If it was met, then they would have set a priority date for EB1 India too. Assuming that it is not being met, these project managers along with their spouses should be taking only a very small number and that shouldn't contribute much to EB2-3 retrogression numbers. So our real problem is lack of numbers for EB2 and EB3.
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drirshad
07-03 06:27 PM
Wish the Senators a Happy Independence Day in the mail ....
Lets go guys its time to fill up those emails and fax machines .....
Lets go guys its time to fill up those emails and fax machines .....
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sobyb
05-01 04:04 PM
Hi Keeme,
My post was not about double standards BUT about opposing terrorism, it doesn't matter if its LTTE, KHALISTAN, TALIBAN or any other organisation which terrorises the society. These terrorists outfits should be handled beyond any religious, linguistic or any other consideration.
Regarding support for common man/community, we should oppose any human rights violation against any individual/community, there shouldn't be any double standards BUT at the same time action against terrorist outfits should not be compromised.
My post was not about double standards BUT about opposing terrorism, it doesn't matter if its LTTE, KHALISTAN, TALIBAN or any other organisation which terrorises the society. These terrorists outfits should be handled beyond any religious, linguistic or any other consideration.
Regarding support for common man/community, we should oppose any human rights violation against any individual/community, there shouldn't be any double standards BUT at the same time action against terrorist outfits should not be compromised.
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pmat
05-11 01:35 PM
What happens to the money contributed to US Social security if you move to Canada (for stays < 10 yrs in US). Can you transfer the social security to Canadian system?
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lazycis
02-14 12:48 PM
Thanks, chanduv23, I do believe in using all possible means. I sent my letter to Mr. Bush.
On the other note, there is a thread on discussing the lawsuit possibility
http://www..com/discussion-forums/i485-1/67326117/last-page/
On the other note, there is a thread on discussing the lawsuit possibility
http://www..com/discussion-forums/i485-1/67326117/last-page/
breddy2000
09-04 12:28 AM
It's a strange fact that he came back to power.
The guy, his son and his team have been looting, destroying, killing (political killings) on the scales of mafia never ever seen in the history of AP.
I repeat that again. Good riddance. Wish his Son was also part of the chopper trip...that would have been complete liberation.
For “dealsnet”, politicians are diplomatic, that is how they have to be, and behind their minds they might have a different plan and agenda. Why should we anonymous people be diplomatic? And why should we be afraid to speak?
If you have a personal interest in Congress or YSR say your sympathies and talk about it. No need to preach and say that others are not responsible. I think at least in this forum we are educated on a level basis.
And for closing yesterday’s thread on YSR, you people should grow! Immigration Voice is just one among thousands of other web sites and if you believe you have a point, talk about it.
CHANDUV23(aka _TrueFacts)
See what you have been preaching about being afraid. If you are not afraid to speak, why do you need to hide your identity
The guy, his son and his team have been looting, destroying, killing (political killings) on the scales of mafia never ever seen in the history of AP.
I repeat that again. Good riddance. Wish his Son was also part of the chopper trip...that would have been complete liberation.
For “dealsnet”, politicians are diplomatic, that is how they have to be, and behind their minds they might have a different plan and agenda. Why should we anonymous people be diplomatic? And why should we be afraid to speak?
If you have a personal interest in Congress or YSR say your sympathies and talk about it. No need to preach and say that others are not responsible. I think at least in this forum we are educated on a level basis.
And for closing yesterday’s thread on YSR, you people should grow! Immigration Voice is just one among thousands of other web sites and if you believe you have a point, talk about it.
CHANDUV23(aka _TrueFacts)
See what you have been preaching about being afraid. If you are not afraid to speak, why do you need to hide your identity
vdlrao
07-23 10:41 AM
vdlrao, Thanks for the great analysis.
I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.
However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.
http://travel.state.gov/pdf/FY2003%20AppD.pdf
All the AC-21 recaptured visa's has been used by now.
mpadapa, I am getting 31,100 unused Family Based Visas for 2007 fiscal year from
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
.
DHS bulletin is not updated correctly like Employment Based AC21 VISAS? Please let me know.
I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.
However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.
http://travel.state.gov/pdf/FY2003%20AppD.pdf
All the AC-21 recaptured visa's has been used by now.
mpadapa, I am getting 31,100 unused Family Based Visas for 2007 fiscal year from
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
.
DHS bulletin is not updated correctly like Employment Based AC21 VISAS? Please let me know.
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