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  • logiclife
    01-24 12:29 PM
    hehehe, i dont think the sentence is too light - the US Prison system has so many jokes about the kinds of characters inside them...Hope this mandalapa guy gets a 'great' roomie - Once he comes out he would think twice about 'screwing' genuine GC applicants then - know what i mean??!!!!

    He is going to India after prison. The paper says he is being deported after he gets out of prison.

    So he wont be touching anyone's GC application ever.

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  • engineer
    07-04 09:40 AM
    I have sent letter to Congressman Sensenberner (WI) about this issue.

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  • Subst_labor
    03-17 11:07 PM
    Please do not use offensive language. Despite our disagreements we must be mature in our language. I request you to please edit your post. Moderators please delete any offensive posts on the thread since this issue will ruffle some feathers of people who are buying labor substitution. Nobody will own on the forum, because they know majority will oppose them.
    There was one more person beciskillingme and he used to preach morality on this forum and how people need to be respectful and polite. I caught him redhanded in one his posts about labor substitution and he ran away from the forum. Now he is preaching somewhere else. I will highlight this issue more and more for awareness because it is hurting all of us. It is also encouraging exploitation by employers and this cancer needs to be stopped asap.

    well if you feel offended, i am ready to offer my apologies. are you ready to take back your baseless accusations-that got me started up in the first place.

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  • sathweb
    02-15 07:18 PM
    Please stick to subject of this thread.
    Please some one close this thread. Its already old news.
    (Its going out of control)


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  • iv_only_hope
    07-24 08:55 PM
    I will post the calcs and see his response. Thanks.

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  • sajimm
    05-17 08:50 PM
    I would recommend to be very careful if you are considering to use substitution labor. See the quote from below.

    04/30/2006: Advisory for Substitution I-140 Filers Either Waiting Decision or On Appeal to AAO or Motion to Reopen/Reconsider

    The DOL is currently finalizing the rule-making process to eliminate the substitution of labor certifications. The proposed rule which has already been published in the federal register has a clause exempting those who obtained the "substitution approved" at the time of the release of the final regulation which they are currently working on. No one can predict the exact date when this final regulation will be published in the federal register.
    Under the current rule, there is no separate procedure for request for substitution of labor certification apart from the filing of I-140 petition for the new employee with the request to withdraw the pending or approved I-140 petition and substitute the alien beneficiary in the new I-140 petition proceeding. The employer's request for withdrawal of the pending I-140 petition or approved I-140 petition for the old employee is filed as part of the new I-140 petition filing on behalf of the new employee for the substitution. Accordingly, in this context, there is no separation decision which is issued by the USCIS for the approval of the substitutuion. The employers learn the approval of the substitution when they receive either denial or approval of the new substitution I-140 petitions.
    Unfortunately, the proposed substitution elimination rule does not elaborate or define "approved substitution." Because of the current USCIS practice making the decision of substitution approval as part of the decision of I-140 petition itself, there is a risk that the DOL and the USCIS may argue that "approved substitution" means "I-140 petition approval." Such interpretation will lead to devastating consequences to the aliens who's I-140 petition will be pending or on appeal to the AAO on other legal issues such as the employer's financial ability to pay the proffered wage at the time of release of the "final regulation" in that all these I-140 petitions will have to be denied because of elimination of the substitution. The damage will mount in the situation of concurrent I-140 and I-485 applications for the alien employees and their family members.
    It is thus prudent that the people whose substitution I-140 petitions are still pending consult their legal counsels to discuss strategies or options to avoid the potential deadly consequences


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  • Pineapple
    12-14 03:51 PM
    Yes, Lasantha.. you are right. But that was one of mbartosik's points when he/she was comparing cost/benefit.

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  • Googler
    02-13 01:01 PM
    The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.

    How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.

    One thing to note in this dicussion is that this reallocation to oversubscribed countries is far from seamless. If cutoff dates for oversubscribed countries are not moved up in the 3rd quarter (as opposed to the fourth quarter of the fiscal year), part of the pie DOES get thrown out, as it has in recent years 2003 (88.4K), 2004 (47,3K), 2006 (10.2k) [see 2007 Ombudsmans Report, p. 34 which gives the data for these years and going back to 1992]. This is absolutely infuriating since 2003-2004 these were also the years that largely created the present backlog of applicants with early PDs. How on earth can you justify throwing out 10.2K greencards in 2006 (FY 2007) EVEN AFTER the June 2007 greencard free for all??


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  • BharatPremi
    12-14 01:15 PM
    I know. I work for a prestigious law firm and I know how hard it is to become a lawyer.

    Now it definately interests me to know the reason behind your interpretation. Please enlighten us about your interpretation

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  • hydboy77
    06-01 12:28 PM
    You are 100% correct, all this pre-adjudication is a nonsense, knowing how uscis does things does anybody believe USCIS will not issue EVL in future, offcourse they will, how else can they justify there existence to continue recieving there salaries and pensions. This is such a joke, the whole idea of pre adjudicating would be that all the processing is done and when the date becomes current they can just pick the file and assign the visa number and issue the green card. But they will not do that, they will tinker with the application and issue an Employment verification letter, they will redo background check, they will ask for finger prints again........unending nightmare, I am not being synical just telling from past USCIS actions.

    If we cannot get visa recapture, if we cannot get removal of country quota atleast we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job proof if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india (eb2 priority date after Mid 2003), in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears.

    So guys and gals what do you think about it, maybe we are looking at it the wrong way, instead of visa recapture (I am not saying we should abandon visa recapture) we should also try for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement. Atleast this way even if it takes 10 years to get green card people will not have nightmares of being kicked out any time and with the stability they will invest in buying a house and spending which will stumulate the economy. Its a win win for everyone, for us EB immigrants, for the economy and also easy to fix as an administative fix. We have simpathetic people in Zoe Lofgren (Chair - Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law ) she was instrumental in forcing USCIS to reverse there decision during the july 2007 fiasco and accept the 485 application. We also have Charles Schummer. It is not that big a deal to ask for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and sam and semilar job requirement, there are people with from other counries who have got a green card in a coule of months to 1 or 2 years whereas people from India are waiting with priority dates from 2000 and 2001. Once you get a green card you are exmpted from any rfe or same and semilar job requirement, it takes more than twice the time to get a green card for a person from India that to get a citizenship for a person from ROW. because of the long delays with us being in this process for multiple years and having to wait another 10 years for green card we should request for rfe exmeption for pre adjudicated 485 applications. I am sure we will get a sympathetic ear from Zoe Lofgren and like minded lawmakers. These Employment verification letter RFE and same and semilar job requirement were not framed assuming it takes a person from India 10+ years to get a green card. There were framed assuming it takles 2 to 3 years to get a green card.
    Lets be creative and try to work around the problem if we cannot resolve the problem directly, if we dont ask how will the lawmakers know this problem can be resolved by removing EVL RFE and same and semilar job requirement.

    It is very likely that these pre-adjudicated cases may be revisited for further processing in future for cases with more recent priority dates. This is just my opinion based on the fact of the predicted slow movement of EB-I priority dates in coming months and next fiscal year. Since so many AOS applicant have been pre-adjudicated , EVL RFE may be issued in future for cases who are pre-adjudicated now but their PD will only become current after 2, 3 or 4 years. This may be to verify that the applicant still has job offer at that time when visa becomes available. So I guess pre-adjudicating application, does it really make sense for later PDs? Any comments on this by other members?


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  • deepakjain
    08-15 10:12 AM
    I am sure the immigration officers might have got news about people from India make illigal entry into US when they come as part of some drama, dance, shows.

    Many "extras", dancers, musicians have vanished after landing in US.....check any local desi Indian resturant, kirana stores those desi working there are all illigal is not only mexicans but many from northern India states are here as illigal immigrants ....

    the easiest way to make entry into US, Canada is landing here as part of a show troop....few famous Indian personality have been detained and proved that they were tainted in human traffacking....Ministers, Movie Stars, SInger, Musical show organizers ....

    Many Desis have vanished in UK, Germany, Holland, US, Canada.... {I am not saying SRK is involved in Human Traffacking ...but Indian are and show is the most common option}

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  • Jerrome
    05-01 10:19 PM
    What do you know, if you don't know anything then shut the hell-up and don't reply.

    I have been to srilanka and only tamils in colombo should have ID wherever they go. I was checked in multiple places because i was from TN.(this was back in 2000).

    I have met hundreds of businessman from srilanka in TN who lost everything and doing daily work to live. They were not from south or north part of SL but from colombo..

    Do you know how many tamils fled that country and living all over the world.

    Even now there is no political solution provided by SL govt after they clear out the so called Terrorists.

    It is India's business because india provided training and weapons to the so called terrorists during indra gandhi period. If we don't mind then china and pak will mind and they will be at India's balls and they can squeeze as hard as they can.

    Please close this is not going anywhere..

    And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .

    The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?

    Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.


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  • cygent
    12-19 07:11 PM
    Thanks Cygent for posting it ...I guess there is some hope after all .. ..

    Yes, there always will be, Thanks albertpinto. To quote Shawshank Redemption - Andy Dufresne: [in letter to Red] "Remember Red, hope is a good thing, maybe the best of things, and no good thing ever dies."

    Good Weekend Everybody!

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  • andy007
    07-03 10:18 PM
    Hi Guys,

    Can you please post Media Links on this issue .. (CNN, ... etc) Thanks


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  • amitjoey
    01-13 11:56 AM
    Do not overanalyze any bill- All these bills are mere drafts until they come on floor for debate, and even after that they go thru amendments, rewriting, and the final bill comes out in most cases to be very different from the original. Even after the bill is passed in both houses, the committees that are responsible in reconciling the bill will tweak it and fine tune it.
    This means that even good provisions can be deleted at any time during the debate, thru an amendment lobbied by the antis- if the EB Community is not vigilant.
    To give you an insight: In Dec 2005, there was a line item in a bill that would have recaptured visas for EB applicants, the bill was passed � and at the last minute this provision was deleted.

    IF you read through the provisions and the paper that IV created for lobby days in July 2010- Each one of the provisions and the underlying text that IV is asking for has been written with clear understanding of the issues EB applicants face- It is written in a way that if incorporated in any of the bills as an amendment- will give fair and balanced numbers to all categories -EB3, EB2.

    So, regardless of which bill (Immigrant friendly) comes on the floor- IV will lobby to have this package included as an amendment. Or IV will lobby to get this inserted into the main bill.

    So- Please, do not get worked up about EB3 vs EB2. OR India vs China vs World

    The real work is to be vigilant about what bill has the chance to come on the floor and then lobby to get the amendments included.

    There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act). And here the IV Community is debating and fighting about provisions about one of 100 bills that might never see a chance on the floor.

    The big battle is to advocate and lobby at grassroots to get a bill to come on the floor- persuade lawmakers to be cosponsors for a bill that will help us, and then when the bill is up for debate, we can talk about what we should include as amendments or insert in the main bill to make it fair for everybody.

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  • Macaca
    02-18 11:49 AM[/url]

    An Indian has glorified Indians. How do you use this glorification to explain the behavior of 80+% IV Indian members and 60+% Indians in EB retrogression who have no interest in joining IV?

    The best looking answer looks like there is no correlation between the two. Indians remain glorified.


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  • hopefulgc
    02-14 08:10 PM
    thats bull.... disclosure is not requored.... my dog is a member of six professional canine associations ... does he have to bark it all up.


    Yes, I guess so. If the drink raw milk club is a registered orginization.

    Disclosure : I am not a lawyer, please check with your legal just save that money for a rainy day

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  • alisa
    02-18 12:10 PM
    Also all arguments came out of UnitedNations unfortunately are already present and deep seated in a very large %age of our compatriots....That is the main reason behind the less mobilization......

    I differ with you again, my friend.
    The main reason(s) behind less mobilization is this. Pappu described this on a different thread.

    1) Ignorance about the true nature of the problem
    People like you and I don't know that without a change in the laws, they won't get their greencards for another 10-20 years.

    2) Lack of faith and understanding of the system
    People like you and I, once they know that they are getting screwed, think that the situation is hopeless. They don't understand that the merits of our case (you alluded to them in your previous posts, the demographic shift due to the baby boomers retiring requires skilled labor in this country), is sufficient to warrant a sympathetic ear to us in the congress. We CAN freaking get out of the mess we are in.

    We have to accept these two problems. And then we have to address them. How do we do that? Thats the big question.

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  • dummgelauft
    06-15 09:15 PM
    I am certainly hoping that I will get by EOY 2011. It's more than hope, I feel pretty confident that by that time I should get it. Just mark my words, come back on dec 31, 2011 and check with me. You have to believe before you get it. Have faith guys. Sooner or later the man who wins is the one who thinks he can!!!!

    NNReddy, good for you if you believe this.
    I myself find it hard to do so. Infact, I envy your optimism.

    02-15 08:19 PM
    Sure it is. Check the UN definition.

    ...any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.

    The two paragraphs following the one that you just quoted read:

    2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party to this Convention between citizens and non-citizens.

    3. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.

    According to the UN resolution immigration and naturalization laws do not constitute "racial discrimination" by definition. The quota based system does discriminate against people from China and South Asia. But the law as originally established did not intend to do this.

    07-03 04:13 PM
    You should hav also included Zoe's press release... tin
    This email has been sent to all major TV anchors...

    Hi ,

    This is not a regular mail.. I on behalf of many others need the support of honest media persons like you, else our faith in American media will be gone for good....

    pl. read on...

    Illegal action by USCIS causes $ 300 million loss in a single day to Legal & Skilled Immigrants ( Doctors, Engineers & Scientists ) not counting the hardships.

    Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.

    On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other unsalvageable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.

    In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.


    If nobody takes an action to support law abiding legal immigrants at this time, everyone talking about supporting the laws of the land on immigration issue needs to look into his / her own eyes in the mirror.

    What we demand �. Talk to USCIS & encourage them to ATLEAST accept the applications sent by these innocent Skilled Immigrants so that they do not suffer at least the financial loss. USCIS can take their own time to award the green card at a later date

    ARE WE ASKING FOR TOO MUCH ???????????????????