Monday, August 8, 2011

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  • veni001
    01-13 05:24 PM
    "Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?

    A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis."





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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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  • NKR
    02-15 06:24 PM
    Dingudi,
    I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.

    Then pray why people from other countries are not landing IT jobs?. Can I say that NIIT teaching is better than the teachings in the universities of the countries you have mentioned?.





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  • ns007
    03-16 12:52 PM
    If the prior experience was related to your field, then I don't see why not. You may want to hurry because if USIS comes with 45-day labor expiration rule soon (which they may), you may not be able to use the prior approved labor.

    hi All,

    Can someone give me advice on this:

    I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
    i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
    i am concerned if that India exp. during graduation will work or not.
    Has anyone faced a situation like this?
    the (part time exp)company was very small, can this be risky? what do you guys think?

    Thanks.



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  • PlainSpeak
    01-13 12:57 PM
    why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week..... :rolleyes:
    why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week.....


    For a second after seeing your statement i thought some is getting what i am saying but the smile at the very end destroyed that illusion
    But in any case whether you agree with me or not (or whether as some say i am in cloud cooko land- to which all i can say is i woke up when will you) i appreciate a reply to the post





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  • suresh73
    04-20 10:12 AM
    I am working for Company A and company B wanted to provide me with pre-approved labor of EB2 category with priority date in July 2002. The Company B's pre-approved EB2 labor was for a Master degree with salary of 80K. I have only bachelor Degree but with more than 8 years of experience in IT. My I-140 has been approved with the present employer company A but it is EB3.

    Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.

    Thank you.



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  • _TrueFacts
    09-04 09:43 PM
    hey stop the nonsense. u r trying to argue with everyone. u r playing with people emotions.
    why don't u just stop the arguments over here. just leave the dead person in peace.
    if u don't like him just go and talk with someone else who also doesn't like him in ur family or with ur friends. i think u r spending too much time bashing YSR and his son.
    r u considering urself as a "SAINT" , if u r saint, u have right to talk about other persons.
    otherwise u should shut ur mouth. Its good for u and ur family. u used the word "KUKKA CHAVU" that's not at all accepted. i think u should keep ur tongue when u r using those words.

    I am not arguing, I am making my point that YSR does not deserve any sympathy, for he being a corrupt, factionist gunda, land grabber who has killed numerous people.

    If you have a point against that, please say so. I have provided numerous links in my posts in support of my points.

    Also I am sure not a SAINT, but also I am not a rowdy or radical killer like YSR. If you feel that your emotions are hurt, don�t be part of this discussion. If all the crocked dead people deserve peace then do you support Saddam and Hitler too?

    Any Sympathy for that gunda YSR is like accepting that he is guilt free of all his corrupt actions, land grabbing and amassing illegal wealth.





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  • Macaca
    07-04 10:14 AM
    IV release has the following line in 1st para. What is one minor category?

    The Department of State, in a sweeping move, announced that they would accept applications from all highly-skilled workers (sans one minor category) to a) adjust status to a permanent resident (ie apply for a Green Card, which is the final stage),



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  • copsmart
    09-24 02:19 PM
    WSJ
    Executive Editor
    a.murray@wsj.com

    WSJ
    Senior Editor
    darren.mcdermott@wsj.com

    MSNBC
    letters@msnbc.com

    NBC
    today@nbcuni.com

    Roll Call
    Editorial Department (http://www.rollcall.com/cgi-bin/udt/fdc.collector?client_id=rollcall&form_id=maileditform)



    CNN would trash our email or forward it to Lou anyway, so not included in the list.





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  • logiclife
    06-26 01:17 PM
    Thanks for making me look like an idiot in front of my lawyer and HR, everyone.

    Based on RUMORs, I asked my lawyer this question:

    I have a question about July Visa bulletin. If the August bulletin is retrogressed when announced in mid-July, can the USCIS change rules and stop accepting new Adjustment of status petitions in mid-July ? I know that it sounds illogical and that July bulletin's current dates would apply thru July 31st but I am hearing from my professional colleagues that USCIS could change rules and stop accepting new AOS petitions in middle of the month.

    And I got this reply :

    Yes, what you raise is quite illogical. The visa bulletin controls which AOS can be filed during the calendar month for which it is published, there is no way for USCIS to stop receiving an AOS application received say on July 16th. AOS is not like an H1B filing, where there is a finite # that must be received by a date certain and then allocated.

    See, hear that ? "NO WAY FOR USCIS". Now, I dont know why some lawyers are spreading this nonsense that "BEWARE, USCIS will stop accepting new petitions if they receive 'too many petitions'. What is 'too many ??? Who defines 'too many'? Is 'too many' defined as the time when the mail room clerk gets back pain from lifting boxes of petitions ? Or the guy printing 485 receipt notices gets carpel tunnel syndrome ?

    PLEASE PUT THIS IDEA TO REST. USCIS WILL ACCEPT PETITIONS THRU JULY 31, NO MATTER HOW TIRED THEY ARE AND NO MATTER HOW SICK THEY GET OF SEEING 485 FEDEXes COMING IN DAY AFTER DAY AFTER DAY. GOT IT ????



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  • bajrangbali
    05-01 02:16 PM
    Guys..as many of you have heard..Sri Lankan government has led an offensive against LTTE over the past few weeks and both sides have accused each other of killing civilians. And all countries have called for restraint on both sides and stop killing civilians.
    UN confidential report which came to light shows the SL government bombing the safe-zone they allocated for civilians since the offensive began. For the first time, besides each side accusing each other of the civilian killings there is some proof regarding who has done what.
    It is a shame India does not act to protect the interests of its citizens even after this news came up.
    We may be busy with our own issues here..economy, immigration, family, job-stress...the least we can do is bringing to light what is happening to fellow Indians elsewhere in the world..
    No politics can justify killing of innocent people...if congress and India can not get over themselves and help fellow Indians..the day we can claim to be atleast a regional power if very far away. Heck, even USA is trying harder than India by using its muscle to block billions of dollars of IMF funds to SL for not caring about ceasefire.

    http://www.timesonline.co.uk/tol/news/world/asia/article6206708.ece





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  • eb3_nepa
    10-23 01:19 PM
    Best of luck!

    Guys I am NOTTT looking to subsitute my labor or anything of the sort. I just want to read through the docs to see what exactly is labor substitution all about. I mean i have read a WHOLE lot about it especially ON here and was wondering how EXACTLY this whole process works.

    If anyone knows any website that explains how LC substitution works please post a link on here.



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  • BharatPremi
    12-14 05:43 PM
    Thanks soljabhai.






    Please respond to this thread and let me know if you are interested in sharing the cost of a 1 hr consultation with a top constitutional attorney on this topic.

    Thanks.

    I am in.





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  • chanduv23
    06-28 08:57 PM
    There is difference... We didn't spend any money after June VB but everybody spent minimum $500 after July VB...

    If they don't accept application then USCIS made govt = 500* 100,00= $ 5000000.


    Mr Collection agent - why don't we start a new funding drive now :D :D Just kidding - take it easy



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  • JA1HIND
    02-15 08:12 AM
    ........I strongly beleive that the H1B system and the EB greencard system has been setup to legally bring in high skilled workers as slaves and exploit them by taking away their freedom. We are no better than illegals, in the way we are treated by the goverment and the employers.
    I will fight this case atleast to try to prove my point before I leave this place.
    I am looking for some civil rights agency which can help me with the lawsuit. My fight is not for the GC, but it is for justice.

    Very well said & I just feel the same...I have already lost hope on this GC and can not predict how long its going to take but for sure before I leave this place and go back to home country I will contribute my best of share in this fight for justice and full support...count me in with out any doubt!!





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  • eb3India
    10-23 02:02 PM
    as name suggests, you find a company with a already approved labour, they will apply your 1-140 with that labour, if you I-140 is approved you get to keep his PD and get a free ride,

    while myself, has to wait 2 years for labour and another few years till my PD becomes current

    in labor sub case, if one can find approved labour before 2001 (if you happen to be from India). you can get 1140 approval and apply for 485 if you everthing goes well you have your GC in 6-12 months

    and did I mention this perfectly legal.

    lot of guys cry sour grape about labour sub. if you ask me, if you have opporunity use it, I would



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  • El_Guapo
    01-14 10:19 AM
    The right to control the beneficiary is different from actual control. An employer may have the right to control the beneficiary's job-related duties and yet not excercise actual control over each function performed by that beneficiary. The employer-employee relationship hinges on the right to control the beneficiary.

    Don't all companies have the right to control the beneficiary? For instance, a sponsoring company has every right to determine if an employee shall be placed on a project billed at $50/hr or if they seek another project/client with a higher billing rate. Similarly, the employer has every right to determine if the employee will be placed at a client requiring a project manager or at a client requiring a developer, thus effectively controlling the beneficiary's job-related duties!





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  • rajeev_74
    09-24 06:59 AM
    for people who own or will buy homes ? We could also say that this can come from recapture but only for already or potential home owners...

    brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.





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  • bestia
    02-16 04:40 AM
    Guys, let's straigthen one thing out. I have heard here things like "flooded the market" or "why 90% of company are people of certain nationality". Well.. It's a very natural process, and it happened, happens, and will happen, and it's normal. Look at this scenario. Not to touch any nation, I would use Krakozhia as example.

    Suppose you are from Krakozhia, you are pursuing American Dream, you found clients, you secured some funds and you are ready to open up a business and do something. Now you need people, you have two places to look up: American or foreign. Looking employee in the US is extremely expensive and risky business. 4 out 5 candidates will have no clue what's written in their resumes, will not want to work for you, will chill 2-3 months until you fire them, will be doing only one thing - sending resumes for a new job with better salary. Trying to hire Americans without good HR will lead your business to the dead end.

    So you will look into foreign market. Where? Are you gonna go to China/Russia/India? Where you don't speak their language? Don't know local specifics? Of course you will go to your "Krakozhia", where you know people, where you know universities, and what kinda people graduate from where. So you will build a team and bring here - start working. Here is another fact - about 80% of jobs in the US people get through references. Yes, companies prefer to hire friends of employees, because they don't have to spend resources filtering people from the street. "Are you sure he is a right guy for the job?" - that's it, the guy gets hired. So, your first team will bring their friends/relatives - all "Krakozhians". And from the business point of view - it's the best way. It's not racism, not discrimination, not invasion - just business. You are just doing what is best for your business... business doesn't have races or ethnics groups. And btw, CEO is REQUIRED BY LAW to maximize profits. If hiring foreigner will be more profitable, then you are required in front of your shareholders to do so.

    Only when the company will grow large, have good HR - then the company can afford hiring everybody from everywhere. And US government knows and accepts that, and it's happened in the US history many times. 100/200 years ago there were Irish, German shops. 80 years ago there were Italian shops. Nothing horrible happened, they all eventually melted. I don't see anything wrong that there are Indian or Jewish, or Russian shops. They will eventually melt in and become regular American companies.





    Saburi
    07-23 10:35 AM
    Go ahead.

    Hello this question is for Lawyer, i will like to find out how can somebody find out if the I 140 is been revoked by the old employer.

    Please help me out i will like to find out the way to find out as my employer told me he will revoke my I 140 but have not got any information from USCIS aslo the the online status shows case approved in sep 2006.

    Please let me know if it is revoke would Uscis send a letter or the online system would say any changes online.


    Thanks Saburi





    GCKaMaara
    04-16 10:56 AM
    GCKaMaara is right, different people operate at different IQ level.

    When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?




    .

    If you took an authentic IQ test, whats your IQ?



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