tikka
07-04 09:28 AM
I meant a scan of the other 100 page thread Breaking news. I did not follow that thread and it has lot of issues. Please summarize them here.
I will add issues from here! thanks
yeah thats what i meant.
the adds on in red are from the other thread....breaking news...
I will add issues from here! thanks
yeah thats what i meant.
the adds on in red are from the other thread....breaking news...
wallpaper pensamientos de amor para
Openarms
08-17 03:49 PM
Well - world is definitely a beautiful place. World is beautiful because of beautiful good people. Like there is a saying "How is house different from a home? House maybe be beatiful and big but it is a home ONLY if it is a happy place to live" and making the world our home lies in how we make sure that it is a happy place to live.
While your approach towards solving the problems is "education" in my opinion education does help, but that is NOT the only factor. Change happens gradually. Don't we all agree that the most educated people might be the biggest "problem creators"
WRT snathan - he is a personal friend and I know him. He is sympathetic towards poor and downtrodden and wants to fight against injustice etc.....
To snathan - to understand things in a better perspective, I recommend that you try this. Invite 30 hungry, poor, starving people to your house and provide them with food, education, good life and ask them to seek opportunities to better themselves. You may face the following
(1) People may get more demanding
(2) They may fight among themselves
(3) Some might steal from you
(4) Some might get into unethical activities
(5) Some might disrespect you and step over you
(6) They may show more respect to those who did not care for them and curse you for some silly reason.
You might find some good people who really do what you intend them to do.
Why I say this is - there is no GOOD POOR MAN nor BAD RICH MAN - different people behave different in different circumstances.
Did you know that India's independence struggle, American civil liberty struggle were all funded by rich businessmen - they trusted the leaders and gave a lot of money for campaigns for them to be successful.
--- Do these things or ASK our SRK/Politicians/Business Tycoons to do -----
When I say education, you can not just isolate it from mother tree. It is root of the tree... all the branches grow from there...
Like you said give education for those 30 children born from today and come back after 20 years.. see how their lives would be different for better then those 30 unfortunate children who are unable to have education.
Give education for an entire generation of kids for 20 years....and let them figure out their problems...don't just feed them, don't just build homes for them...don't need to solve the problems for them.. let them figure out... that is what going on in USA.
You can not tie INDIA and USA together.... all you are doing is comparing apples to oranges... don't do that...India needs to learn sooooo many things from countries like USA... not comparing to them.
While your approach towards solving the problems is "education" in my opinion education does help, but that is NOT the only factor. Change happens gradually. Don't we all agree that the most educated people might be the biggest "problem creators"
WRT snathan - he is a personal friend and I know him. He is sympathetic towards poor and downtrodden and wants to fight against injustice etc.....
To snathan - to understand things in a better perspective, I recommend that you try this. Invite 30 hungry, poor, starving people to your house and provide them with food, education, good life and ask them to seek opportunities to better themselves. You may face the following
(1) People may get more demanding
(2) They may fight among themselves
(3) Some might steal from you
(4) Some might get into unethical activities
(5) Some might disrespect you and step over you
(6) They may show more respect to those who did not care for them and curse you for some silly reason.
You might find some good people who really do what you intend them to do.
Why I say this is - there is no GOOD POOR MAN nor BAD RICH MAN - different people behave different in different circumstances.
Did you know that India's independence struggle, American civil liberty struggle were all funded by rich businessmen - they trusted the leaders and gave a lot of money for campaigns for them to be successful.
--- Do these things or ASK our SRK/Politicians/Business Tycoons to do -----
When I say education, you can not just isolate it from mother tree. It is root of the tree... all the branches grow from there...
Like you said give education for those 30 children born from today and come back after 20 years.. see how their lives would be different for better then those 30 unfortunate children who are unable to have education.
Give education for an entire generation of kids for 20 years....and let them figure out their problems...don't just feed them, don't just build homes for them...don't need to solve the problems for them.. let them figure out... that is what going on in USA.
You can not tie INDIA and USA together.... all you are doing is comparing apples to oranges... don't do that...India needs to learn sooooo many things from countries like USA... not comparing to them.
vdlrao
07-22 12:01 AM
The Thing is No Matter how much we go logically, but nobodys know which direction USCIS will take.
Not that I am contradicting your logic for calculations, i completely agree with your calculations.
USCIS TRYING ITS BEST, with the available resources, TO KEEP THE EMPLOYMENT BASED CATEGORY IN SHAPE.
BUT THE REASON FOR ALL THIS MESS IS ITS WORKING WITH DECADES OLD IMMIGRATION RULES and WITH a HUGE DEMAND OF EB VISAS FROM A VERY FEW COUNTRIES.
THE MESS IS WITH THE IMMIGRATION RULES, WHICH ARE WRITTEN DECADES BACK (MAY BE AT THAT TIME THE LAW MAKERS MIGHT NOT HAVE ASSUMED THE EB DEMAND WOULD BE FROM A FEW COUNTRIES LIKE INDIA and CHINA), BUT NOT WITH THE USCIS!!!!!!!!!!!!!!
TIME is REACHED FOR IMMIGRATION REFORM.
Not that I am contradicting your logic for calculations, i completely agree with your calculations.
USCIS TRYING ITS BEST, with the available resources, TO KEEP THE EMPLOYMENT BASED CATEGORY IN SHAPE.
BUT THE REASON FOR ALL THIS MESS IS ITS WORKING WITH DECADES OLD IMMIGRATION RULES and WITH a HUGE DEMAND OF EB VISAS FROM A VERY FEW COUNTRIES.
THE MESS IS WITH THE IMMIGRATION RULES, WHICH ARE WRITTEN DECADES BACK (MAY BE AT THAT TIME THE LAW MAKERS MIGHT NOT HAVE ASSUMED THE EB DEMAND WOULD BE FROM A FEW COUNTRIES LIKE INDIA and CHINA), BUT NOT WITH THE USCIS!!!!!!!!!!!!!!
TIME is REACHED FOR IMMIGRATION REFORM.
2011 y pensamientospara baby
gc_chahiye
06-28 05:08 PM
Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.
right, and the worry (as is also noted in the AILA complaint that someone posted earlier) is that USCIS can consider the update from DOS to be the 'updated' Visa Bulletin.
There is nothing that prevents DOS from issuing a visa bulletin at any time and making it effective then-and-there. AILA has raised concerns with this, that it is a problematic thing to do, but it seems to be well within the law. I dont think there is a chance of a lawsuit here.
right, and the worry (as is also noted in the AILA complaint that someone posted earlier) is that USCIS can consider the update from DOS to be the 'updated' Visa Bulletin.
There is nothing that prevents DOS from issuing a visa bulletin at any time and making it effective then-and-there. AILA has raised concerns with this, that it is a problematic thing to do, but it seems to be well within the law. I dont think there is a chance of a lawsuit here.
more...
maximus777
06-05 03:26 PM
There is already a thread working on Government of India to consolidate Pension Fund with Social Security. America already has this type of treaties with few european countries. But looking at the bereaucracy now, this may take next 10-15 years.
I'll take that timeframe as long as such an arrangement can be worked out. Most of us here have 15+ years to retirement. As long as we get back our hard earned money, and as long as the US govt/treasury feels the pain in disbursing billions of dollars into Indian economy. :cool:
I know, I can only wish! :rolleyes:
I'll take that timeframe as long as such an arrangement can be worked out. Most of us here have 15+ years to retirement. As long as we get back our hard earned money, and as long as the US govt/treasury feels the pain in disbursing billions of dollars into Indian economy. :cool:
I know, I can only wish! :rolleyes:
El_Guapo
01-14 01:41 PM
This is comedy. This El_Guapo wants to give green to his own post. Oh man, what an idea to get greens. :D
I give you green Mr. Kris or rather KrishnaChandramoorthy ;-)
I give you green Mr. Kris or rather KrishnaChandramoorthy ;-)
more...
at0474
12-13 11:35 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.
--I think, per country quota system was framed with diversification as underlying principle, not discrimination.
Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.
If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.
This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
--I think, per country quota system was framed with diversification as underlying principle, not discrimination.
Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.
If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.
This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.
2010 pensamientos de amor.
alexanderthegreat
10-17 09:34 AM
Hello everyone,
Those of you who had gone thru this process may be able to help me. My 7 year old daughter is a US citizen. If my family applies for Canadian PR, do I have to apply for PR for her also?. I have heard that US citizens do not need any permission to live in Canada. Any insight is appreciated.
Thanks
alexander
Those of you who had gone thru this process may be able to help me. My 7 year old daughter is a US citizen. If my family applies for Canadian PR, do I have to apply for PR for her also?. I have heard that US citizens do not need any permission to live in Canada. Any insight is appreciated.
Thanks
alexander
more...
mbartosik
02-13 10:56 PM
you cannot sue for incompetence, or the courts would be full!
hair con pensamientos amor
sumagiri
07-25 11:18 AM
Well, we are talking about 'cutoff date move', not actual approved I485's. If USCIS works in full steam, the EB2 backlog will be reduced quickly, which will result in cut off date move; if they don't, the DOS has to move date forward to allow more CP, that will also cause cut off date move. So either way, the horizontal spill over rule will have a huge positive impact on the EB2 dates move
If USCIS is not efficient, cut off dates do not help much for pending I-485s even if there is a horizontal spill over. If USCIS is efficient, there is nothing to argue, EB2 will be benefited as analyzed by vdlrao , me and many other here. I am only trying to say that USCIS efficiency and its 'Target' for each year is a crucial factor when it comes to speculation. The number of visas approved is directly proportional to agency's efficiency and its set target. Depending on that, some parameters in our calculations change . For example, If they do not use the FB to EB spill over, we will be less by 20k for the year. If USCIS and DOS only utilize 130K out of 140K, we will be less by 10K more.
I am not pessimistic and please note that I am not contradicting any one. I my self did detailed analysis in May 2008 saying that it will wonderful year for EB2. Please find the post here.
http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422
Hope USCIS will works efficiently..
If USCIS is not efficient, cut off dates do not help much for pending I-485s even if there is a horizontal spill over. If USCIS is efficient, there is nothing to argue, EB2 will be benefited as analyzed by vdlrao , me and many other here. I am only trying to say that USCIS efficiency and its 'Target' for each year is a crucial factor when it comes to speculation. The number of visas approved is directly proportional to agency's efficiency and its set target. Depending on that, some parameters in our calculations change . For example, If they do not use the FB to EB spill over, we will be less by 20k for the year. If USCIS and DOS only utilize 130K out of 140K, we will be less by 10K more.
I am not pessimistic and please note that I am not contradicting any one. I my self did detailed analysis in May 2008 saying that it will wonderful year for EB2. Please find the post here.
http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422
Hope USCIS will works efficiently..
more...
sachug22
09-15 06:19 PM
Cutoff for China will never advance India dates for spill overs.
Exactly, there are more EB application from India and most of them are older PD, so with no rule, all it means is that India will get bigger share.
Exactly, there are more EB application from India and most of them are older PD, so with no rule, all it means is that India will get bigger share.
hot poemas de amor
PlainSpeak
01-14 08:17 AM
to some of your points, but
is the response from amitjoey not enough to understand why PlainSpeak's view won't work ?
amitjoey response is good, correct, to the point and more civil than any one else. As you said there are more silent readers who if don't see amitjoey's response will consider IV is trying to do something wrong by harsh response (through their senior members/donors). Just read all comments except amitjoey's the thread will give different view (-ve to IV forum).
When some one reads uncivilized comments they don't just think bad about the person but also get -ve impression about the forum. You are missing important point, just because some one wants to give comments so that silent readers find abt people like plainspeak/gcperm but in reality it works just against the forum nothing else.
And when we want to create a professional forum for a reason/cause, as a forum member we need to maintain some professionalism in our comments. If anyone find any thread is not appropriate respond perfectly like amitjoey or report it to moderator.
As a new member (joined just 2008 and read only reasonable threads) I never know someone GCPerm and anything about his/her good/bad threads. So, it doesn't add any value if senior members fighting on who is who.
I am speaking for benefit of this forum which will benefit every person who join/participate. But if a member doesn't bother or care about what kind of -ve impression they are leaving then what is the real benefit of having that member. Just because that member don't care about having more members doesn't reflect the forum core members view.
You don't agree to my views but your response is nice and civilized and that is what I am talking about. I would say amitjoey's way of response (so do your response to my comment) would help both PlainSpeak and every members who reads the thread to understand what is good/bad for us as group.
One thing I disagree is your rough reality, in the name of rough reality we don't have to write rough wording in a forum where we need more people to join for a cause. You may not want any more member but I don't think that could be the case with IV core members. Why, mostly (not all) people who are in this forum will stop working for the forum after getting GC and we always need new members (may be 1 in 10000) who will add value to the forum.
And I haven't responded to PlainSpeak because I have no knowledge about that topic and I am still understanding/learning it. Also amitjoey's response is more than enough which is civilized and perfect (at least to me). Unless I have something to add to his point I can just keep quiet instead of leaving -ve impression abt the forum.
For any cause as a group we can fight with violence (uncivilized) and without violence (civilized). There is always people for both approach, but as a forum member we need to follow the core members way rather than our own way. And part of user registration we all agree to the terms and one of it is "By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws."
I had my own experience in this forum about hateful comments towards me by a senior member/donor. But that particular thread got removed because of so much hateful comments. Once we start accepting hateful comments it won't stop at any level and the forum will be filled with hateful comments. If you feel some thread/comment is not good better respond properly or report to moderator. Why we need to fill this forum with hateful comments when we have tools to avoid it.
My Friend ActAccord thank for saying things the way they are. And i am especially thankfull for the fact that you made it clear that you do NOT yet have an opinion on on topic at hand. People should discuss the pros and cons of any idea and come up with an approach based on that discussion.
From where i am standing i do not see you as a junior member. I am sure that maybe sometime down the line you and i might be on the opposite sides of a discussion and may not agree on an approach but we would still have respect for each others dedication to their point of view.
Now if you have been on this forum for sometime now you know what is going to happen next when everyone wakes up and reads your first post. You will have all these so called senior member (nothing senior about them) and junior members who will come at you from all sides with both fists swinging and abuses so brace youselves and give a fitting reply to anyone who disses you just like how you did to GreyHair down below
is the response from amitjoey not enough to understand why PlainSpeak's view won't work ?
amitjoey response is good, correct, to the point and more civil than any one else. As you said there are more silent readers who if don't see amitjoey's response will consider IV is trying to do something wrong by harsh response (through their senior members/donors). Just read all comments except amitjoey's the thread will give different view (-ve to IV forum).
When some one reads uncivilized comments they don't just think bad about the person but also get -ve impression about the forum. You are missing important point, just because some one wants to give comments so that silent readers find abt people like plainspeak/gcperm but in reality it works just against the forum nothing else.
And when we want to create a professional forum for a reason/cause, as a forum member we need to maintain some professionalism in our comments. If anyone find any thread is not appropriate respond perfectly like amitjoey or report it to moderator.
As a new member (joined just 2008 and read only reasonable threads) I never know someone GCPerm and anything about his/her good/bad threads. So, it doesn't add any value if senior members fighting on who is who.
I am speaking for benefit of this forum which will benefit every person who join/participate. But if a member doesn't bother or care about what kind of -ve impression they are leaving then what is the real benefit of having that member. Just because that member don't care about having more members doesn't reflect the forum core members view.
You don't agree to my views but your response is nice and civilized and that is what I am talking about. I would say amitjoey's way of response (so do your response to my comment) would help both PlainSpeak and every members who reads the thread to understand what is good/bad for us as group.
One thing I disagree is your rough reality, in the name of rough reality we don't have to write rough wording in a forum where we need more people to join for a cause. You may not want any more member but I don't think that could be the case with IV core members. Why, mostly (not all) people who are in this forum will stop working for the forum after getting GC and we always need new members (may be 1 in 10000) who will add value to the forum.
And I haven't responded to PlainSpeak because I have no knowledge about that topic and I am still understanding/learning it. Also amitjoey's response is more than enough which is civilized and perfect (at least to me). Unless I have something to add to his point I can just keep quiet instead of leaving -ve impression abt the forum.
For any cause as a group we can fight with violence (uncivilized) and without violence (civilized). There is always people for both approach, but as a forum member we need to follow the core members way rather than our own way. And part of user registration we all agree to the terms and one of it is "By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws."
I had my own experience in this forum about hateful comments towards me by a senior member/donor. But that particular thread got removed because of so much hateful comments. Once we start accepting hateful comments it won't stop at any level and the forum will be filled with hateful comments. If you feel some thread/comment is not good better respond properly or report to moderator. Why we need to fill this forum with hateful comments when we have tools to avoid it.
My Friend ActAccord thank for saying things the way they are. And i am especially thankfull for the fact that you made it clear that you do NOT yet have an opinion on on topic at hand. People should discuss the pros and cons of any idea and come up with an approach based on that discussion.
From where i am standing i do not see you as a junior member. I am sure that maybe sometime down the line you and i might be on the opposite sides of a discussion and may not agree on an approach but we would still have respect for each others dedication to their point of view.
Now if you have been on this forum for sometime now you know what is going to happen next when everyone wakes up and reads your first post. You will have all these so called senior member (nothing senior about them) and junior members who will come at you from all sides with both fists swinging and abuses so brace youselves and give a fitting reply to anyone who disses you just like how you did to GreyHair down below
more...
house pensamientos de amor en la
svr_76
05-11 10:54 AM
And you have moved to the US. Participating in IV forums to see when/how the visa bulleting can be changed so your date becomes current and you get a GC and are free to hop and try to get a job of your dream. Why do you care about these things? Just wait for your card man...enjoy the wait in the line..rest of the stuff is not of your worry (unless offcourse you get laid off and then all of a sudden your patriotism wakens up...and u get all firedup to proove your mettle in your own land.?
Leave this pseudo-patriotism in your apartment dude as u are in the land of dreams that you dreamt about. Just worry about the time it takes for u to get GC and then wait 5 years to get citizenship.
Leave this pseudo-patriotism in your apartment dude as u are in the land of dreams that you dreamt about. Just worry about the time it takes for u to get GC and then wait 5 years to get citizenship.
tattoo desamor
nogc_noproblem
07-25 03:03 AM
VDLRAO - You brought lot of valid points which supported by authentic statistics. But surprisingly Ron’s comment about the Aug bulletin is totally vague. You can throw the numbers to prove your claim but I don’t think Ron really has any such numerical explanation for his statement.
With all due respect, I beg to differ from Ron (probably for the first time).
I doubt it whether he knows about the USCIS has changed the spill overs to horizontal fall outs and due to that the number of visas added to EB2 India/China. The horizontal spill over is giving a greatest adventage to EB2 India and making it run to catch up CURRENT. I see in the link http://www.immigration-information.com/forums/showthread.php?t=5456&page=8 , in one post he is predicting " I expect to see substantial worldwide EB3 movement during the next fiscal year." . But its not true because the EB3 world wide wont have many visas as before from now on. The EB3 world wide will move based on the 7% quota but not more than that.
With all due respect, I beg to differ from Ron (probably for the first time).
I doubt it whether he knows about the USCIS has changed the spill overs to horizontal fall outs and due to that the number of visas added to EB2 India/China. The horizontal spill over is giving a greatest adventage to EB2 India and making it run to catch up CURRENT. I see in the link http://www.immigration-information.com/forums/showthread.php?t=5456&page=8 , in one post he is predicting " I expect to see substantial worldwide EB3 movement during the next fiscal year." . But its not true because the EB3 world wide wont have many visas as before from now on. The EB3 world wide will move based on the 7% quota but not more than that.
more...
pictures de pensamientos de Amor,
apnair2002
04-29 09:26 AM
04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
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chiragmodi
09-28 07:18 PM
Is it mendetory to file AC21 if your job title and duties are identical in your new job???
Thanks.
Thanks.
more...
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H1BinNY
07-04 10:07 AM
OK, so here is a list of all the people at NPR. Their email is first initial+lastname@npr.org.
For example:
John Doe
jdoe@npr.org
http://www.npr.org/templates/people/
For example:
John Doe
jdoe@npr.org
http://www.npr.org/templates/people/
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rsdang1
08-21 11:39 AM
"Everytime"?
I've been pulled aside once, in the nearly 7 years I've lived here. I've never had to go through any sort of 'suffering' -- nobody humiliated, beat me up or threw me in some dungeon, and likewise with any of my friends (and I have friends of different nationalities and religion)
I was asked the routine stuff - why I'm visiting the US - who I work for, where I live, how long have I been in the US and if I have family here. They asked, I respond - and that was that. The tone wasn't the most cordial nor was it demeaning. It's not a popularity contest. The key is to not take things personally. I have a lot of respect for President Kalam. He sure did Indians and people in general, proud. Now, please, give it a rest.
I am a Sikh and I wear a turban due to my religious belief - try traveling with a Turban - You will very easily understand what "every time" means....
:-)
I've been pulled aside once, in the nearly 7 years I've lived here. I've never had to go through any sort of 'suffering' -- nobody humiliated, beat me up or threw me in some dungeon, and likewise with any of my friends (and I have friends of different nationalities and religion)
I was asked the routine stuff - why I'm visiting the US - who I work for, where I live, how long have I been in the US and if I have family here. They asked, I respond - and that was that. The tone wasn't the most cordial nor was it demeaning. It's not a popularity contest. The key is to not take things personally. I have a lot of respect for President Kalam. He sure did Indians and people in general, proud. Now, please, give it a rest.
I am a Sikh and I wear a turban due to my religious belief - try traveling with a Turban - You will very easily understand what "every time" means....
:-)
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eager_immi
07-11 01:57 PM
Well said, forget the premiums if you fall sick you know there is constant co-pay for both doctors and medication, then lot of insurance you are covered only 80% till you hit some 3000 out of pocket, so you need to add that as well. Please watch SICKO (ofcourse canada has more wait time but that is bc 20% of the people in the US are unisured and they are not in the queue so that automatically reduces the wait time in the US)
Every time I hear "Canadian taxes are so much higher", I respond back with "really ? how much are you paying a month for health insurance?". I suggest a typical breadwinner with spouse + 2 dependents is probably paying $500 / mo + in health insurance premiums. Add that $6K / yr to your US tax bill, then compare it to your Canadian tax bill. ;)
- GS
Every time I hear "Canadian taxes are so much higher", I respond back with "really ? how much are you paying a month for health insurance?". I suggest a typical breadwinner with spouse + 2 dependents is probably paying $500 / mo + in health insurance premiums. Add that $6K / yr to your US tax bill, then compare it to your Canadian tax bill. ;)
- GS
Kushal
07-27 12:35 AM
My desi neighbor told me about it recently. What are your experience with Amway Quickstar. Have you guys made money from it?
Its like asking an anti-immigrant, what you think about legal/illegal immigration?
I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.
Question is whether it will work for you? Your families finances are decided by you, and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.
Its like asking an anti-immigrant, what you think about legal/illegal immigration?
I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.
Question is whether it will work for you? Your families finances are decided by you, and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.
angelfire76
06-13 06:26 AM
Who cares if dilipcr is from BITS or some Swami PavBhaji university in Arnakulam. All are same in America. For your Greencard application you just need a minimum degree that can be acceptable by USCIS. For jobs and career, your Indian degree is nothing. It only boosts your ego and you can tell your Indian friends. If you tell your American friends they will just laugh at your ignorance. If you are so attached to your BITS then how about you go and help them be #1? It is your caliber and performance that matters in jobs. IIT and IIMs can be successful in USA or misfits same as people from third rate colleges in India. I have seen people from APTech and NIIT do better than graduates of US of top Indian colleges. So stop having a false pride. This false pride is only good for getting you married via an arranged marriage to an Indian girl in India. Nothing more than that.
That statement was ridculously funny :D BTW, Mr Dilip, a classmate of mine from graduate school who did his Ph.d in Cryptography, couple of internships in RSA, was ranked #5 in the Math Olympiad in 1993 had to return to India because most of the jobs he applied for required security clearance, which means USC. He's now a successful head of the computer science dept. in Mumbai and the feedback from his students about his knowledge is amazing.
Most people who came during the 1995-2001 were HTML and Cobol junkies who got lucky when their GCs were issued. Take your arguments some place else. :rolleyes:
That statement was ridculously funny :D BTW, Mr Dilip, a classmate of mine from graduate school who did his Ph.d in Cryptography, couple of internships in RSA, was ranked #5 in the Math Olympiad in 1993 had to return to India because most of the jobs he applied for required security clearance, which means USC. He's now a successful head of the computer science dept. in Mumbai and the feedback from his students about his knowledge is amazing.
Most people who came during the 1995-2001 were HTML and Cobol junkies who got lucky when their GCs were issued. Take your arguments some place else. :rolleyes:
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