vbkris77
04-06 09:39 PM
Look below the URL. If they are doing it. It is legal. But If some one is denied entry, they can also challenge the decision. Consultants especially will need to use proper/legal answers.
http://www.golishlaw.com/statutes/ina212.htm
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
http://www.golishlaw.com/statutes/ina212.htm
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
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sheela
10-16 05:43 PM
I agree we need to do something big to end never-ending regression.
Let us organise:
"WORK-ROUND-THE-CLOCK non-stop for 24 hours"
This will generate lot of interest in media for the hard-working immigrant community
It will get us support from our Employers/Managers & hurt none
It is easy to organise at institution level- be it University, Hospitals/Corporate sector or R&D. I believe participation & effect will be much more than we expect. With little publicity -It may become a news of the day
I tell you what= during our doctoral studies at a prestigious institute in india. we did this and it really worked
WE can do some polling here and select a date for this event. I may say: Let us start this non-stop event a day-before THANKSGIVING DAY and end on the morning of thanksgiving day.
-Someone gave me RED for this posting with NO comments-
I wish that educated moron could come in open to discuss the alternative approaches. with a issues like this probably we need mltiple approaches to get our msg clear.
Let us organise:
"WORK-ROUND-THE-CLOCK non-stop for 24 hours"
This will generate lot of interest in media for the hard-working immigrant community
It will get us support from our Employers/Managers & hurt none
It is easy to organise at institution level- be it University, Hospitals/Corporate sector or R&D. I believe participation & effect will be much more than we expect. With little publicity -It may become a news of the day
I tell you what= during our doctoral studies at a prestigious institute in india. we did this and it really worked
WE can do some polling here and select a date for this event. I may say: Let us start this non-stop event a day-before THANKSGIVING DAY and end on the morning of thanksgiving day.
-Someone gave me RED for this posting with NO comments-
I wish that educated moron could come in open to discuss the alternative approaches. with a issues like this probably we need mltiple approaches to get our msg clear.
gcdreamer05
03-09 12:41 PM
by the way shusterman predicted ROW will retrogress in his blog found at shusterman.com there was also an IV post about this (abbout somethin like shusterman got a call from clinton or something)..........
so what happened to the quareterly spill over ???????????
so what happened to the quareterly spill over ???????????
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unknown123
03-12 02:14 AM
I support.. I've contributed earlier and will contribute again.
I think we should first raise awareness on the problem like I-485 pending for more than 2 years for more than xxx applicants, who played by the rules, paid taxes, etc......
Visa re-capture is one (or may be the only one) solution of above problem.
Just my thought
I think we should first raise awareness on the problem like I-485 pending for more than 2 years for more than xxx applicants, who played by the rules, paid taxes, etc......
Visa re-capture is one (or may be the only one) solution of above problem.
Just my thought
more...
asdfred
12-23 04:23 PM
funny as heck..
"did he actually do it?"
no...he did not..
are you waiting to get your green card if he gives up his life on capitol hill on hunger strike
"did he actually do it?"
no...he did not..
are you waiting to get your green card if he gives up his life on capitol hill on hunger strike
indianindian2006
07-14 06:53 PM
How can you say dates will become current when I send the response.
As you said in your post earlier that your PD is Jan 2006 EB2 India which will be current in Aug-01 as per the latest VB.
As you said in your post earlier that your PD is Jan 2006 EB2 India which will be current in Aug-01 as per the latest VB.
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GCMan007
05-08 10:44 PM
Hi
After long haul of almost 5 years , today I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.Last when spoke to TCS IO , I was told that biometrics is needed in my case but still they can approve & later send me the notice. I guess only after that I might get the physical card.
Had anyone experienced this scenario ?
Anyways I want to thank everyone on this forum,immigration portals, folks & every other support that I have got in this long process.
I will always be there for everyone on this forum or in any other way I can help to every legal immigrant who is waiting for the Green Card.
Thanks a lot
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
I131,I765 approved for both -Nov 2007
I485 approval mail - 04/24/08 - Myself
Waiting for spouse approval, physical Cards
Congrats Dude!
My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?
After long haul of almost 5 years , today I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.Last when spoke to TCS IO , I was told that biometrics is needed in my case but still they can approve & later send me the notice. I guess only after that I might get the physical card.
Had anyone experienced this scenario ?
Anyways I want to thank everyone on this forum,immigration portals, folks & every other support that I have got in this long process.
I will always be there for everyone on this forum or in any other way I can help to every legal immigrant who is waiting for the Green Card.
Thanks a lot
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
I131,I765 approved for both -Nov 2007
I485 approval mail - 04/24/08 - Myself
Waiting for spouse approval, physical Cards
Congrats Dude!
My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?
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nojoke
01-20 12:32 PM
Spoken like a true moron. So, you're suggesting that people cannot buy house or a new car while being on a H1B? How many peoples need to held their soul hostage and kill their desire to lead quality life? May be you are prisoner for your fears forever. Let other enjoy their life! Oh! by the way, I don't give a flying fox about your negative remark or giving me red. I simply don't give a damn!
I felt sympathy for the OP. That was well written. I agree that xyzgc missed the point on what the OP was trying to say.
You on the other hand are arrogant. Are you saying that it is your right to buy a house? And we all should sympathize with you when you lose your house? And we need to fund your extravagant spending with our tax dollars, while some of us weigh in the risks and decide to live in rented house.
I wish I get my share of the bail out money. I wanted that Ferrari. Damn, I need to 'enjoy my life and my desire to lead quality of life'.
I felt sympathy for the OP. That was well written. I agree that xyzgc missed the point on what the OP was trying to say.
You on the other hand are arrogant. Are you saying that it is your right to buy a house? And we all should sympathize with you when you lose your house? And we need to fund your extravagant spending with our tax dollars, while some of us weigh in the risks and decide to live in rented house.
I wish I get my share of the bail out money. I wanted that Ferrari. Damn, I need to 'enjoy my life and my desire to lead quality of life'.
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WAIT_FOR_EVER_GC
07-13 12:40 PM
I am in the same boat.
You can't do much. Some say opening an SR is like raising a red flag,they might want to interview you. Get an info pass will have the same effect.
So I believe we should wait and let see if the ones before us have been cleared
and if not what steps have they taken.
Just enjoy the feeling that we are current in Aug and soon our wish will come true.
Insha Allah
sorry if this has been asked...
if you are current, when can you expect to get an approval notice ?
My online I485 status continues to be in "Initial Review" stage and the last date of change on my file was back in 2008.
Is there anything we can do to shake this up or just wait.
You can't do much. Some say opening an SR is like raising a red flag,they might want to interview you. Get an info pass will have the same effect.
So I believe we should wait and let see if the ones before us have been cleared
and if not what steps have they taken.
Just enjoy the feeling that we are current in Aug and soon our wish will come true.
Insha Allah
sorry if this has been asked...
if you are current, when can you expect to get an approval notice ?
My online I485 status continues to be in "Initial Review" stage and the last date of change on my file was back in 2008.
Is there anything we can do to shake this up or just wait.
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sirinme
06-11 07:34 PM
Just sent.
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mbawa2574
02-15 02:03 PM
Some ROW folks here suddenly are saying that they like country cap quotas and there are against IV agenda.Why in the first place there should be a country cap on EB immigration ? Is it not the best and brightest in the world ? If there is FIFO implemented, how can a person in ROW will be effected by India and China as long as they meet the standards and file their petition on time.
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arbhaat
04-06 09:12 PM
good post ek_bechara!
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!
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rajuram
05-26 09:06 PM
FYI, this is common if you are passing close border towns in TX and NM.
No big deal, just carry some copies in your car.
No big deal, just carry some copies in your car.
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BharatPremi
04-08 08:48 AM
Finally just received THAT email. "Current Status: Card production ordered"
PD Sep 2001
EB3 India.
Congratulations for getting out of the hell hole and proceeding for the life.
PD Sep 2001
EB3 India.
Congratulations for getting out of the hell hole and proceeding for the life.
more...
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ashatara78
03-10 04:38 PM
The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.
I have no comments about comparison of family vs EB but the EB immigration system was not find before then. I have friends who were in this system in the late 1980s, early 1990s and had huge problems - had to wait a long time, could not switch jobs, could not visit back home for sibling's weddings etc.
It was probably fine during the Clinton administration for a few years 1996-1999 but I only know of a few cases, not many.
I have no comments about comparison of family vs EB but the EB immigration system was not find before then. I have friends who were in this system in the late 1980s, early 1990s and had huge problems - had to wait a long time, could not switch jobs, could not visit back home for sibling's weddings etc.
It was probably fine during the Clinton administration for a few years 1996-1999 but I only know of a few cases, not many.
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boreal
08-22 01:36 AM
I am not sure why you guys are so harsh when someone is asking for guidance and help. If you have lot of time please go after the antis...there are lot of websites to rant your farustartion. If you can not give any useful information...please refrain from posting. It just gives very bad light.
Advising someone who is clearly illegal and to top it, feels entitled to a Green card, you guys are giving quite a lot of fodder to the same antis...so please stop this as well!
Advising someone who is clearly illegal and to top it, feels entitled to a Green card, you guys are giving quite a lot of fodder to the same antis...so please stop this as well!
more...
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srikondoji
11-19 10:39 AM
My H1-B expires in another 8 months. I got my Labor cleared (EB-2) in 2 months through Perm and just finished applying for I-140. Before february, if i don't get my I-140 cleared i will go through Premium and apply for H1-B 3 year extension.
Getting my H1-B extended for 3 years is my goal. Once this happens, i will look elsewhere for a new job and start over GC process again hoping thta by then labor laws improve.
I have not dreamed/hoped to get GC. I am only hoping to stay in this country as long as possible.
I still don't understand why people are frustrated with delays in GC?
Why should you even stress yourself too much about this GC. Just enjoy the life and move on.
thanks
Getting my H1-B extended for 3 years is my goal. Once this happens, i will look elsewhere for a new job and start over GC process again hoping thta by then labor laws improve.
I have not dreamed/hoped to get GC. I am only hoping to stay in this country as long as possible.
I still don't understand why people are frustrated with delays in GC?
Why should you even stress yourself too much about this GC. Just enjoy the life and move on.
thanks
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paskal
04-08 11:19 AM
If you want a good discussion on a topic stop generalizing things and do not use rants like racist engineers etc. When you make an assumption please be clear about. You have assumed most people work for consulting companies and most people are frustrated with it. Not so. I don't work for them and I am not frustrated with them. My only concern with them is they are exploiting the system to their advantage and at my cost. This has two fold affect not only the take cut from your salary but also put a bad name to H1B visa program in general. Whoever wrote the bill or whatever are the consequences there is definitely some good things in that bill. Let me list out how some provisions are good:
1. If you are employable in US and you have the skills you will get the job with or without these middlemen. They come into picture only because they can start a corporation and then start the exploitation game. If a bill is taking these guys out what's wrong with it ? This will allow genuine corporations to hire the right candidates.
2. Putting 30 days of ad. to hire US citizens first ? What's wrong with it ? If their skills are really outdated and you are the best and the brightest you will get the job.
If you need more evidence of why H1B program needs reform look no further than H1B cap used up on first day. This has put good undue hard ship for good candidates while Infosys/Wipro etc will once again take the lion's share of H1B numbers. Why do you want them to win at your cost ? Stop calling people affected by this mess as "Racist Engineers". Try to put yourself in their shoes and some of these practices are affecting both the H1B visa holders (with indentured servitude) and citizens with wage depression. No body wins in the end but the people who are exploiting the system.
on the face of it i largely agree, you are however misisng something important in my opinion. Look at the Lc process for Gc carefully. A company is required to advertise then employ any citizen with "minimum requirements" whether or not they are suitable or the best candidate. If the same were to be applied to the H1b- and to renewals, mind it, consider whether most H1B visa holders would be able to continue.
the fact that reform is needed does not mean this is the best way.
and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.
1. If you are employable in US and you have the skills you will get the job with or without these middlemen. They come into picture only because they can start a corporation and then start the exploitation game. If a bill is taking these guys out what's wrong with it ? This will allow genuine corporations to hire the right candidates.
2. Putting 30 days of ad. to hire US citizens first ? What's wrong with it ? If their skills are really outdated and you are the best and the brightest you will get the job.
If you need more evidence of why H1B program needs reform look no further than H1B cap used up on first day. This has put good undue hard ship for good candidates while Infosys/Wipro etc will once again take the lion's share of H1B numbers. Why do you want them to win at your cost ? Stop calling people affected by this mess as "Racist Engineers". Try to put yourself in their shoes and some of these practices are affecting both the H1B visa holders (with indentured servitude) and citizens with wage depression. No body wins in the end but the people who are exploiting the system.
on the face of it i largely agree, you are however misisng something important in my opinion. Look at the Lc process for Gc carefully. A company is required to advertise then employ any citizen with "minimum requirements" whether or not they are suitable or the best candidate. If the same were to be applied to the H1b- and to renewals, mind it, consider whether most H1B visa holders would be able to continue.
the fact that reform is needed does not mean this is the best way.
and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.
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sammas
07-12 04:01 PM
F. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)
The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (CIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the CIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA. On July 7th, CIS provided the required data to VO.
The Department of State has determined the Family and Employment preference numerical limits for FY-2010 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2010 are as follows:
Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 150,667
Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2010 the per-country limit is 26,367. The dependent area annual limit is 2%, or 7,533.
The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (CIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the CIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA. On July 7th, CIS provided the required data to VO.
The Department of State has determined the Family and Employment preference numerical limits for FY-2010 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2010 are as follows:
Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 150,667
Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2010 the per-country limit is 26,367. The dependent area annual limit is 2%, or 7,533.
alex99
04-07 05:04 PM
HI BharatPremi,
Thanks for your response.
are the cases with 'Received Regional Office' status should be counted as Certified cases?.
Regards,
Alex
Thanks for your response.
are the cases with 'Received Regional Office' status should be counted as Certified cases?.
Regards,
Alex
needhelp!
11-14 01:26 PM
Couple of days back I got the receipt. I'll post the number soon.
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