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  • ronhira
    01-13 04:38 PM
    So i was right GCPerm was kicked out of this forum for being EB3 ................

    Tell me something Ron . In you opinion what would freak out all the guys more and again
    - If I am GCPerm
    - If I am NOT GCPerm

    Let me know which so that i will agree to be the opposite and then hopefully the guys will calm down or not freak out more. A whole day with the guys here on IV and i am feeling like i took care of 20 bawling, crying children for the complete time. I am not sure i can do that for another day.

    Just between you and me I am not GCPerm but shhhhhhhhh don't tell anyone anything or it might lead to another round of slugfest.

    i'll not tell anyone that u'r gcperm.... ok?

    btw, no one is freaked out knowing that u'r gcperm..... i guess no one cares for u....

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  • vinabath
    10-24 11:11 AM
    I have a different opinion.

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  • god_bless_you
    10-23 02:33 PM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.

    Check Immigration Portal forums Labor certification .. Preapproved LC
    Labor substitution Pros Con's etc.. widely discussed there...

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  • senthil1
    03-18 11:15 AM
    You are using labor substitution and also trying to use Part time work done by you in the college. Think yourself it is correct or not. I am sure it is the mistake of company. Many people in the forum are having 10 years of experience but waiting so long. So the the frustration is acceptable.

    Labor substitution is not correct and injustice to those who are waiting for long time even if it is not sold. Legally it may be correct but this practice must be abolished. Only less than 10% of labor substitutions are genueine and others are causing delays to those who are waiting long time.Companies especially consulting companies are using every loophole in the immigration to make money. For example when there is no H1b they are bringing by L1 eventhough that position is not eligible for L1. Actually american system is Law to monitor companies and indivdual are so liberal and expected to follow Ethics. But nowadays in immigration they are trying to find every loophole in the immigration to increase the revenues of Company.

    Mr. Janak,
    Do you understand English? First of all, i had mentioned, i am BEING offered, meaning i havent gone for the labor yet and even if i do there will be no buying or selling involved.
    Second of all, i am sick and tired of stereotype Indians like you, who ASSUME everything without knowing anything and come out with your own theories from the bizzarro world [i know, pathetic loosers like to vent at any and every opportunities they get. Spare me your crap, if u dont know anything and cant help, then just stay quiet.]


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  • jonty_11
    11-02 10:11 AM
    In 1992, 1994, 1995, 1996, 1997, 1998, 1999 and, again, in 2000, Canada was ranked No.1 by the United Nations Human Development Index as the best country in the world to live. Unlike the United States and other countries, there is no quota based on either nationality or occupation. The Canadian Government's new immigration plan for the next five years and beyond is to emphasize the admission of a greater number of skilled immigrants with abilities to contribute directly to Canada's economic and social development.
    The rights of Canadian Permanent Residents are almost the same as those of the Canadian citizens except a few, such as right to vote.

    1. After becoming a Permanent Resident you will have the freedom to live and work anywhere in Canada.

    2. You will also have the freedom to work in/with any profession/employer of your choice.

    3. You may purchase/sell any property, own and operate any business anywhere in Canada.

    4. A Permanent Resident becomes eligible for Canadian citizenship after living in Canada for a period of three years of the last four years prior to the date of the application for citizenship.

    5. The best of all, you and your family can enjoy the benefits of free Canadian Healthcare, free primary and secondary education and subsidized post secondary education, security of unemployment insurance, old age pension, child allowance etc.

    Benefits for H1B, F1 or L1 holders:

    1. Unlike US work visa for a specific employer/profession a Canadian immigrant is free to work anywhere with any employer or in any profession in Canada.

    2. Unlike applying for GC in US, you need not to be present in Canada or working in Canada in order to apply for permanent immigration for Canada.

    3. It might take you years to get a Green Card in US, whereas you along with your spouse & dependent children can get Canadian immigration within a period of 12 to 16 months.

    4. May opt to stay outside Canada for a period of 3 years in any given period of 5 years and still maintain his/her permanent residence status.

    ***The pass marks for federal immigration under the skilled worker category was lowered to 67 from 75 points. This is the best time to apply for immigration to Canada as this points criteria might change again any time which may render you ineligible for this opportunity.

    Many fallacies in your list.

    You are comparing Canadian PR with H1B. If you have US GC, you can do everything that you can do in Canada on PR.

    You do not have to be in US to file Family based or EB GC/ EB GC is for future employment ideally, and you have tojoinonly after your I-485 is approved.

    Oh just realized is another shameless advertisement..PLEASE REMOVE THIS..

    BTW folks Canada immigration process is self DOABLE..and you do not need immi lawyers like ROOT **** law grp to do that for you

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  • chantu
    03-31 07:56 PM


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  • WeldonSprings
    10-28 10:55 PM
    Hello sachug22,

    I wanted your opinion on another critical item and this is on pending I-140 (all EBs). If, one looks at the newly created USCIS dashboard; it shows that there are 16000 outstanding I-140s with 4000 new per month. How could 4000 new I-140s be filed in August 2009. How will this affect the EB-2 India spillover?

    Can you please check the dashboard and throw some light on this. I am a little worried about this.


    These are two scenarios one with and one without quarterly spillover. If the spillover is annually (second case) the dates will jump in july-sept 2010. If spillover is quarterly we will see jump each quarter (last month).

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  • at0474
    12-13 01:05 PM
    "If you read the history of immigration this country you will see that such measures are typically taken with restriction in mind not diversity."

    --Any country's immigration policy has to have some control measures built into it. I cannot imagine any country opening its gates wide open for the entire world to migrate into her without any limitations. So the question is, whom to "restrict" and whom to allow? This leads to the same argument, do you see this "restriction" as discrimination? There are others who see as fair "reservation" for them.

    "Diversity is the nice sounding cloak."

    --True. Every concept has been used and abused.

    "There is a definite fear that FB will bring in many mexican migrants ( "chain migration") and the country quota holds that back imho. you think it's because of indian programmers? It was made long before those existed. remember we are a minuscule number- don't feel so important- the programmers are about 2% of all immigrants. 11% is all EB, half are families, half again are techies- not all those are programmers. do the math."

    --I did not say EB quota system was framed due to high influx of indian programmers. You missed the whole point.

    "Also remember that 50,000 Gc are given a year by lottery for "diversity". as a result more bangladeshis get Gc in a year than indians on EB. so why do we need the country quota in EB again?"

    --Good question. If we look at what qualifies a country to be included in the lottery program (oversubscription etc?), it would again lead to the "balancing" intent with regards to immigration.

    "To the person bringing up caste system and fences, here is my proposal.
    i am a physician, i am being held behind hoardes of techies who can easily have PD's much before mine since i am training and working longer and the J1 holds me back. 12 years here and no where in the i should get a fast track too. let's have a cap for the techies...hey it looks great from my side of the fence...i'm sure you will agree that i should be pushed up the line."

    --Precisely why I said your viewpoint would differ depending on which side of the fence you are.

    "either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
    same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong."

    --You are opining that it is wrong. You cannot state that it is a fact.

    "none of this is an argument for a legal approach. just responding to stuff here."

    --Same here. I appreciate your response though.


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  • chanduv23
    07-28 11:45 AM
    Jayleno - me thinking sane is the reason you didn't hear from me in any malls/WM :) but I was a minority in BWW who believes in waiting till you find like minded people who are looking. cold contacting is just going against human instincts. you can't simply talk to a person about something to get his phone number and call them about this business next day. that is a reg flag right there. i couldn't do it and hence not with this business anymore. many of us are not ready to think about making millions in few short years. some people need to understand that you can't rub that idea with force on another human being.

    in BWW terms, i was a quitter who can't take the business to the next level because I was afraid of rejection (getting a NO from prospects)..

    Thanks for your perspective and it explains not only about BWW but about cold contacting in general.

    I used to be very very active in IV campaigns and tried to get people sign up for IV activities. We had lobby days, workshops etc.... and we found it very difficult to explain or get people on board for IV activities though it is beneficial for them. Most people would give us the same treatment that they give the Ammway folks.

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  • BharatPremi
    05-11 09:57 PM

    I'm already in my beloved place and with your contribution and help to Immigration Voice, I can see the light at the end of the tunnel. Thanks for the help.

    Remember, you are doing this to potentially ditch India and to change your nationality and are going to take oath

    "I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same, that I will bear arms on behalf of the United States when required by the law..............."

    My question is, hypothetically if in future if there is a war between USA and India, and hypothetically you become a US citizen, how do you conform to the oath?

    Looks like my posting hit the nerve hard, i see it from your response.

    I'm cultured enough not to bring your mother and father into the conversation.

    Good Luck


    It is pretty much proven that in your mental territory you have already ditched India and it is the USA which will take long to grant you a GC and then afterwards citizenship for which you almost represented your beggar like mentality. But that is not my concern and should not be. I have only one question to you and I hope youwould try to answer it with all possible honesty.

    Q: What will be your view regarding USA's official policy to consider LTTE a terrorist organisation? ONce you will be come US citizen how will you align yourself with this policy?


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  • unseenguy
    05-29 11:47 AM
    Guys : Once again I would suggest not to use tunnel vision. I personally know one case of EB1 in cognizant where one of my closest friends who never scored more than me in college exams and doesnt make more than I do got his GC in EB1.

    Whatever Mr Oppenheim is saying is precise bullshit! Its all political. He is a bureaucrat who needs to defend the political policies. Where have we seen any transparency? Is there any transparency to the whole process?

    If Mr Oppenheim has numbers so handy, can he explain why there are wild swings in visa bulletin and not a computerized FIFO policy. I can understand some 15-20% overlap for cases stuck in name check, unapprovable, etc etc. But every month/year visa bulletin swings like a pendulum which doesnt know which way is the right way.

    If you complain about EB1, your friends will also lose GCs and no body will get GC. With that you are effectively saying, I dont get GC, even X should not get GC.

    Although I think EB1 problem is largely restricted to Cognizant and needs to be addressed.

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  • rishimehta
    09-12 05:25 PM
    I worked for the company X for 5 Years . During this period My labor was approved in PERM in EB3 PD 05/15/2006. My I - 140 was alos approved Sep 2006 in EB3. I left the company X & started to work for another technology company Y. In July of 2007, I applied for the I-485 via Company X based on Future employment. I-485 is pending since July 2, 2007. Also applied for EAD & Advance parole which latter got approved. Meanwhile, I have an old labor pending with Company X which got approved with PD of Jan 23, 2003 in EB 2 Category. Company X applied for I-140 based In EB2 PD Jan 2003. This I -140 got approved in May 2008. Company X requested Interfiling with USCIS. Meanwhile I Changed jod & started working for company Z with H1B Transfer.

    Here are my questions:
    Can I revoke AC21 with my new company Z?
    What happens if Company X closes before my I-485 is approved or an RFE is received.
    What should I do to minimize risk in getting Green card. Note that Company X is not in a very Good financial position currently.

    Your response is aapprciated.


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  • ganguteli
    05-29 12:48 AM
    If you guys had a chance of getting substitute labor today you will try to take it at any cost. But you will not want to contribute $25 to IV. If you had a chance of getting a greencard via L1A route you will do it. Just because you cannot get a substitute labor or L1A, you are saying sour grapes.

    This is a bitter truth that we do not like to hear but each will do if they get a chance. Sub labor was legal when it was there and L1A route is also legal today. It is for USCIS to decide if there is a loophole. Stop behaving like an anti-immigrant. Just because you are not able to get this privilege does not mean others cannot try. If you want to try, try to get more visas for everyone rather than blocking people.

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  • gonecrazyonh4
    03-16 12:13 PM
    Many of us are not aware of the extend of labor subtituion and the impact that it has on the visa numbers .

    I personally know a case where 1-140 was filed in 2005, for a Labor which was approved as early as 2000.

    The person was able to get his green card in 6 months time (he has been in US only for 1 year, came to work with the Indian company and joined this new firm just to get his substitute LC) and ate away 2 visa numbers which a genuine GC applicant should have got.

    When there are applicants who are waiting for more than 5-7 years to get their green card and in some cases just to get through the labor certification process , isnt this grossly unfair?

    Advocates support LC substituion as it is just one more avenue for them to make more money. Unscrupulous employers support the LC substituion since it helps them to make money ( as I understand many of these companies sell LC) . Also same LC is used multiple times.

    The losers are genuine GC applicants who are ethical and companies which are ethical.

    As a H4 visa holder my life in this country has been so very limited that even opening a bank account or getting a driving licence is tedious as most people have no clue about H4 Visa-its limitations including absence of SSN and donot acknowledge ITIN number for many of the above purposes.

    We who are hindered by retrogression and the slow processing (actually no processing at all ) happening in the backlog centers should welcome this new legislation for Banning LC substituion.


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  • Amma
    05-12 01:01 AM

    The ongoing war between Srilanka and LTTE has grand Indian design and help to Srilanka.
    To defeat the so called terrorist organisation LTTE, the whole world is helping Srilanka.
    Sonia Gandhi want to avenge the death of her husband.She won't mind killing of thousands of innocent civilians to satisfy her loss in her family. The able primeminister Manmohan singh also became and acting like dumb puppet in this issue.The so called world tamil leader Karunanidhi also joining with Sonia and ditching srilankan tamils.

    Two sikhs killed our primeminister Indira. Did we start killing sikhs enmass like the slaughtering of innocent civilians in Srilanka ?.Instead we made Manmohansingh as our primeminister and we are proud of him. That is the real Indian spirit.

    LTTE is the creation due to discrimination of Srilankan's Singala only policy.Srilankan tamils fight for their just right in non-violent way initially.When that non-violence activities were crushed by Srilankan government , the disillusioned tamil youths took arms.

    Though LTTE did many atrocities, the Srilankan government is not Buddha. They killed many, raped many and encroached the traditional tamil lands.

    Even if the present war won by Srilanka government, that country is not going to have peace. Even if Prabakaran and LTTE perished in this war , there will be more Prabakarans will emerge. The seeds are being sown by srilankan government atrocities.

    Nelson Mandela was once declared as terrorist by US government.Bagatsingh declared as terrorist by the British.

    Time only will tell who is a terrorist and who is a freedom fighter.

    Proud to be an Indian but ashamed by senseless acts of Sonia and company.

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  • jonty_11
    11-01 05:18 PM
    you may receive a letter in 1 -2 months.
    That may have a confirmation receipt number OR
    your whole packet back with reason as to why your application was returned. So read carefully and refile.


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  • samay
    08-07 12:34 PM

    *Company A has filled for my H1B Cancellation on June 20 but have visa stamped (valid till 2010).
    * Company B has filed for my H1B Transfer.(Have upgraded to Premium processing)
    * Have to enter canada on/before 4th Sept to validate canadian PR (will have to go to canada only for few days).

    Q: Can I re-enter in the US from on a VISA(Valid till 2010) from company A + Approved I-797 from company B?

    Your help will be appreciated!


    No you will have to get your visa stamped with the new approval from Company B before reentering the US.

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  • eager_immi
    07-25 10:11 AM
    isn't it my choice. u can go back to india if u like i don't think i will stop u. Also using the same logic india is still ur home country u should go back even if GC works out.

    WHY not go back to India if the GC process fails , I mean after all India is our home country rite .(I am talking only about Indians)

    Health and Wealth are subjective after all

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  • bestofall
    07-30 12:15 PM
    URGENT UPDATE: HR5882 scheduled for tomorrow - PLEASE CALL


    House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.

    Majority Members (Democrats)
    Member Name DC Phone
    Luis V. Gutierrez (D-IL) 202-225-8203
    Howard L. Berman (D-CA) 202-225-4695
    Sheila Jackson-Lee (D-TX) 202-225-3816
    Maxine Waters (D-CA) 202-225-2201
    Bill Delahunt (D-MA) 202-225-3111
    Linda T. Sanchez (D-CA) 202-225-6676
    Artur Davis (D-AL) 202-225-2665
    Keith Ellison (D-MN) 202-225-4755
    Anthony Weiner (D-NY) 202-225-6616

    Minority Members (Republicans)
    Member Name DC Phone
    Steve King (R-IA) [Ranking Member]202-225-4426
    Elton Gallegly (R-CA) 202-225-5811
    Bob Goodlatte (R-VA) 202-225-5431
    Dan Lungren (R-CA) 202-225-5716
    J. Randy Forbes (R-VA) 202-225-6365
    Louie Gohmert (R-TX) 202-225-3035

    07-25 09:28 AM
    While many people are trying to get the system fixed, sometimes it might just be very much worth it to abandom the ship, if the ship is no good, just let it sink. There are other ships out on the ocean.

    Dear Friends, I had it... I am moving to Canada in the next 2 months to work for guess who? Microsoft. Came to USA in 1997 for my masters, worked at Legato, Documentum and Opentext. Had to restart my GC twrice, once as the company laid me off and next for career progression. GC is still years years away. Interviewed with MSFT last month and got an offer to work in their Enterprise Collaboration team. MSFT looked at the visa mess I was in and offered me to work in Vancouver. I get my Canadian GC in 6 months and my wife can work from day one. I am abandoning my US dream for good;guess I would be satisfied with touching my 4 year old son's American passport.

    I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.

    I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.

    01-18 10:16 AM
    It is true.They were implemented stirctly. But to cheat that many of bodyshoppers are creating fake Paystubs. Getting just payroll expenses and tax from consultant and creating paystubs. How do you prevent that? When good faith effort fails more and more regulations are coming. If our bodyshoppers are honest there would have no regulations like that.

    All your relatives are like you only...just plain dump.:D The salary on bench is already stricly enforced. First they asked for end client verification. Now employer-employee verification. First they should fix the backlog for GC.

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