seahawks
08-10 10:16 PM
LS is not illegal until the employers sell the labor. LS is legal channel where in employer fill the position with somebody else, if primary applicant it not available for some reason.
But some employers are exploiting the law and selling it. This is ILLEGAL. I agree with that LS is LEGAL until it goes in a legal way. But selling or getting other benefits/gifts from the employee is completely ILLEGAL.
Since USCIS cannot find who is selling and who is not selling, they banned it. It is a good move from USCIS, but it is too late. Too many got like this and enjoying the benefits leaving other poor souls who are waiting in line from years.
I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.
The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?
Thanks and appreciate everyone's understanding.
But some employers are exploiting the law and selling it. This is ILLEGAL. I agree with that LS is LEGAL until it goes in a legal way. But selling or getting other benefits/gifts from the employee is completely ILLEGAL.
Since USCIS cannot find who is selling and who is not selling, they banned it. It is a good move from USCIS, but it is too late. Too many got like this and enjoying the benefits leaving other poor souls who are waiting in line from years.
I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.
The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?
Thanks and appreciate everyone's understanding.
wallpaper Beck Star Wars Jedi
skp71
12-12 09:49 PM
What's going on with EB3 ROW? No movement at all!! What's goin to happen in coming months???
aquarianf
02-03 03:04 PM
hello,
my qualification is 10 + 12 + 3 BSc Physics + 3 MCA. My LC clearly states that a Master's is required.
does this qualify for a US Master's? please note the fields are different.
My i-140 has been denied and waiting for notice...mostly it education and i filed under EB2 in TSC...
any input guys?????
I know so many people who got approved in EB2 with MCA degree. I don't know a single person who got denied with 3 yearc BSc + 3 Year MCA.
my qualification is 10 + 12 + 3 BSc Physics + 3 MCA. My LC clearly states that a Master's is required.
does this qualify for a US Master's? please note the fields are different.
My i-140 has been denied and waiting for notice...mostly it education and i filed under EB2 in TSC...
any input guys?????
I know so many people who got approved in EB2 with MCA degree. I don't know a single person who got denied with 3 yearc BSc + 3 Year MCA.
2011 Lego Star Wars: The Complete
chanduv23
11-17 08:59 AM
In fact, I got laid off recently, my LC gone, which was filed on Sep,2004. I am looking for job again on my 8th year H1B extension. In this uncertain future it is better to return home for me.
I was in similar situation last year, I got layed off after working for 5 years in same company and was on my 6th year h1b with eb3 L/C pending in BEC. I switched to consulting immediately and got extension based on the old L/C and applied for new GC.
These are situations that are not under our control. We must live with these FOL
I was in similar situation last year, I got layed off after working for 5 years in same company and was on my 6th year h1b with eb3 L/C pending in BEC. I switched to consulting immediately and got extension based on the old L/C and applied for new GC.
These are situations that are not under our control. We must live with these FOL
more...
kumar1
07-19 01:47 PM
Desi.....someone asked you a question.....please reply in your typical red blue italic font. If you can not defend what you said, then admit that you were doing BS here. Thanks
alterego
08-10 02:46 PM
The original intent of labour substitution was not bad. If you understand that EB immigration was designed with the AMERICAN EMPLOYER and their needs in mind you will understand why labour substitution was allowed. It was a way for american employers to get employees in critical shortage areas and keep american industry competitive. It really was not meant to either be fair or not fair to you and me. If you understand this then it all makes more sense.
That was then and this is now. So what has it evolved to?
Labour substitution became a bargainig chip, for employee/employers. It was bought and sold. It was used, abused and misused and done so rather widespreadly. It started to be used mainly by Desi Bodyshoppers. In some cases for friends and even relatives, to the extent that AMERICAN employers and their employees became the ones getting hurt/delayed by it.
So the rules were changed. Those of us who went through the traditional channels realise that those of you who took labour subs. did nothing legally wrong. Simply understand that we cannot and will not have any sympathy for you if and when something goes wrong.
As for the folks asking people not to give their opinion. Please post in a private forum then.
That was then and this is now. So what has it evolved to?
Labour substitution became a bargainig chip, for employee/employers. It was bought and sold. It was used, abused and misused and done so rather widespreadly. It started to be used mainly by Desi Bodyshoppers. In some cases for friends and even relatives, to the extent that AMERICAN employers and their employees became the ones getting hurt/delayed by it.
So the rules were changed. Those of us who went through the traditional channels realise that those of you who took labour subs. did nothing legally wrong. Simply understand that we cannot and will not have any sympathy for you if and when something goes wrong.
As for the folks asking people not to give their opinion. Please post in a private forum then.
more...
meridiani.planum
02-21 12:30 AM
Highly suspicious. I would call ICE and confirm. Also, I would ask this "officer" to visit at the workplace in presence of your lawyer. No one has any business visiting your residence for enforcement of a work-related visa. Be careful; consult with your attorney before entertaining any such request.
I second that. Why a visit at home? Workplace is the obvious place (actually calling YOU in the normal interview method). Call back and confirm... this could be a prank from some soon to be "ex" friend.
I second that. Why a visit at home? Workplace is the obvious place (actually calling YOU in the normal interview method). Call back and confirm... this could be a prank from some soon to be "ex" friend.
2010 Star Wars Wallpapers.
manand24
08-10 10:23 AM
I don't care about LS. Almost all cases I know are fraud. Sometimes 2 guys got GCs on same labor(since they were not asking Original LC). Thank god USCIS banned LS.
God Bless USCIS for banning LS.
If you had the opportunity of getting a Substitute labor and potentially get your GC sooner rather than later, wouldn't you grab it with both hands. It is the GC Freedom.
I am also thankful that DOL and USCIS have banned Labor Substitutions but please give those who have used them a break. They are also in the same boat as you and me (people with regular labor). Chasing the American Dream. No offense intended.:o
God Bless USCIS for banning LS.
If you had the opportunity of getting a Substitute labor and potentially get your GC sooner rather than later, wouldn't you grab it with both hands. It is the GC Freedom.
I am also thankful that DOL and USCIS have banned Labor Substitutions but please give those who have used them a break. They are also in the same boat as you and me (people with regular labor). Chasing the American Dream. No offense intended.:o
more...
qualified_trash
12-13 04:05 PM
It is not that i have full basket of apples now... my previous 2-employers promised me to start labor...but they did not do it..even i sent my docs 2-times to the previous employer ..but they gave lie assurances & very dumb...so i have lost my 2.5 years just waiting on their promises...& nothing got.
Finally, I made up my mind ...either to get it on fast track OR leave this option... forever.
I don't see anything wrong in it...as the previous person already left that labor unused... & employer needs those skills..which he found in me.
I would advise you to not worry about the naysayers on this thread!!
to each his own and as long as the lawyer signs off on it and you are convinced that the company is genuine, go for it.
for pete:
it is easy for you to pontificate. all things (salary + benefits + job satisfaction) being equal, if you got an offer from another hospital/university with an older LC that would allow you to file for your 485 on Monday, WOULD you not take it?
Finally, I made up my mind ...either to get it on fast track OR leave this option... forever.
I don't see anything wrong in it...as the previous person already left that labor unused... & employer needs those skills..which he found in me.
I would advise you to not worry about the naysayers on this thread!!
to each his own and as long as the lawyer signs off on it and you are convinced that the company is genuine, go for it.
for pete:
it is easy for you to pontificate. all things (salary + benefits + job satisfaction) being equal, if you got an offer from another hospital/university with an older LC that would allow you to file for your 485 on Monday, WOULD you not take it?
hair Star Wars: The Old Republic
TwinkleM
02-18 11:57 PM
@ Seratbabu,
According to my lawyer, I-485 is applied by the applicant directly & not by company or lawyer. So, if you have received the I-485 receipts to your own address, then you will received RFE to your home address.
According to my lawyer, I-485 is applied by the applicant directly & not by company or lawyer. So, if you have received the I-485 receipts to your own address, then you will received RFE to your home address.
more...
dell123
07-07 07:22 PM
i am just putting an idea, lets plan some hunger strike (one day fast) under american flag for one day! to get justice and get mass media attention..
Just an idea.....
Just an idea.....
hot And art, video games,
Libra
01-11 08:24 PM
26000 members but only 33 voted so far, come on guys we can do better than this. spend 5 mins on weeked and send your letters to President and IV.
more...
house Wallpaper image: Star Wars,
venky08
01-06 02:44 PM
all right, thats enough bashing guys:D
i corrected the word....where are my green dots?:confused:
i corrected the word....where are my green dots?:confused:
tattoo Starwars IconPack wallpaper by
delhirocks
07-19 03:52 PM
There you go...If you found this discussion and board useful, please consider contributing.
Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.
Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.
more...
pictures Wallpaper. Star Wars
santa123
12-01 09:52 PM
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
Sounds awesome!!! Do you know of any cases in the past where USCIS has considered experience in lieu of 1 year's education? If so, then you have a good chance to get through. Hope they approve yours sooner! Good luck
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
Sounds awesome!!! Do you know of any cases in the past where USCIS has considered experience in lieu of 1 year's education? If so, then you have a good chance to get through. Hope they approve yours sooner! Good luck
dresses Isn#39;t quot;Star Warsquot; good old
makemygc
06-19 10:45 PM
What is EVL, is it experience letter.
No It's Employment Verification Letter which is supposed to be issued by your current employer stating that you are still their employee, earning this much at this title bla bla. Experience letter is something which shows your experience, the number of year worked in the company. Moreover, experience letter (EXPL) is needed for the old companies.
As far as I know, in I-485 you need just EVL and not EXPL.
No It's Employment Verification Letter which is supposed to be issued by your current employer stating that you are still their employee, earning this much at this title bla bla. Experience letter is something which shows your experience, the number of year worked in the company. Moreover, experience letter (EXPL) is needed for the old companies.
As far as I know, in I-485 you need just EVL and not EXPL.
more...
makeup Video Game Art amp; Wallpapers
ibb
02-27 02:49 PM
They gambled and they lost. Plain and simple.
HI ..most the CP filers are in US and contribute to Immigration Voice regularly. You can say by mistake or something else some people chose to go for Consular Processing when dates became current and they all are in bad shape at this time. If you think about those who applied for Cp being in US then you would realise 485 filers are too much priviledged in comparison of them.
Thank
HI ..most the CP filers are in US and contribute to Immigration Voice regularly. You can say by mistake or something else some people chose to go for Consular Processing when dates became current and they all are in bad shape at this time. If you think about those who applied for Cp being in US then you would realise 485 filers are too much priviledged in comparison of them.
Thank
girlfriend Star Wars - Darth Vader iPad
chanduv23
10-10 12:25 PM
Once the dollar touches that low, expect huge salary cuts across the board for the employess of these companies.
Yeah, easy money overnight is not always possible. Business in general is never easy. Lot of people think it is. People used to easy money, can never adapt to tough times. Those capable hard working businessmen who can adapt to any situations are the real businessmen.
Yeah, easy money overnight is not always possible. Business in general is never easy. Lot of people think it is. People used to easy money, can never adapt to tough times. Those capable hard working businessmen who can adapt to any situations are the real businessmen.
hairstyles Movie - Star Wars Wallpaper
rajakannan
06-28 10:19 AM
Atleast let's all unite now and file properly ! It seems more imminent that uscis will stop accepting applications. Just rushing and filing will not solve the problem, Read below ,
Source: http://www.immigration-law.com/
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
Source: http://www.immigration-law.com/
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
rolrblade
07-19 10:18 AM
you can get medicals in 2 hours.
Not sure if this is chicago/pittsburgh.
your only option is to find out by calling all numbers in chicago and pittsburgs.
People have flown in from various locations into chicago and got medicals in 2 hours.
also, ask your wife to get the immunization record of mmr and tetanus.
that will make your life easier.
x-ray is mandatory.
people, this is a fact.
All;
The problem here is not just the TB skin test, but the blood test that tests for HIV and the other STD. It is mandatory for the Civil surgeon to draw blood and check for these. My civil surgeon told me he will not accept these 2 tests from any other doctor. I got the TB skin test done at a local clinic before the medical appointment and he accepted that.
Also, XRAY's are NOT madatory. Only if you have a positive reaction to the skin test then you are required to do the XRAY to rule out TB.
About, sending the medical reports later, all discusssions here point to the fact that there is no concensus. It would be every attorneys call if they want to submit without the medicals. But, remember USCIS document clearly states that you are REQUIRED to submit medicals. No where does it mention that you can send it later on. So, in the event that you do not submit your Medicals and they reject your I-485, you will really have NO legal basis to appeal other than make a plea.
I also agree with the person who warned you about the flights getting delayed. You are cutting it too close! Your wife needs to come back earlier. If this is an emergency, then she should come back, get medicals done, submit I-485 and then go back. All this can be achieved in about 4-5 days. Ask for an EMERGENCY appointment at the consulate. PLEAD your case. Dont walk away from the consulate till they give you an EMERGENCY Appointment
I strongly suggest that she shoudl catch the next flight back and return. You are not going to get this "chance" anytime soon again.
Not sure if this is chicago/pittsburgh.
your only option is to find out by calling all numbers in chicago and pittsburgs.
People have flown in from various locations into chicago and got medicals in 2 hours.
also, ask your wife to get the immunization record of mmr and tetanus.
that will make your life easier.
x-ray is mandatory.
people, this is a fact.
All;
The problem here is not just the TB skin test, but the blood test that tests for HIV and the other STD. It is mandatory for the Civil surgeon to draw blood and check for these. My civil surgeon told me he will not accept these 2 tests from any other doctor. I got the TB skin test done at a local clinic before the medical appointment and he accepted that.
Also, XRAY's are NOT madatory. Only if you have a positive reaction to the skin test then you are required to do the XRAY to rule out TB.
About, sending the medical reports later, all discusssions here point to the fact that there is no concensus. It would be every attorneys call if they want to submit without the medicals. But, remember USCIS document clearly states that you are REQUIRED to submit medicals. No where does it mention that you can send it later on. So, in the event that you do not submit your Medicals and they reject your I-485, you will really have NO legal basis to appeal other than make a plea.
I also agree with the person who warned you about the flights getting delayed. You are cutting it too close! Your wife needs to come back earlier. If this is an emergency, then she should come back, get medicals done, submit I-485 and then go back. All this can be achieved in about 4-5 days. Ask for an EMERGENCY appointment at the consulate. PLEAD your case. Dont walk away from the consulate till they give you an EMERGENCY Appointment
I strongly suggest that she shoudl catch the next flight back and return. You are not going to get this "chance" anytime soon again.
bluekayal
08-29 05:25 PM
I came through SFO a few days ago. I was prepared to leave if told that I could not stay, (having lost my job last November and not having found another). I was asked if I was still working for the petitioner, I replied truthfully that I was not and that I was looking for another job. I was then told it was OK, and "welcome back".
I've got a code I biometric notice eventhough I did not apply for and EAD. What might this mean? Thanks to USCIS I lost a 2004 PD ...now its a 8/2006 PD.
In the meanwhile I have a Phd offer from a top UK university and am planning to take that opportunity, even though I have an admission to a Master's here with full scholarship.
Bluekayal Sorry to hear that you are still stuck in this mess. I am still in the university this is my second job change after GC. Hope your job and GC situation change to positive soon.
I've got a code I biometric notice eventhough I did not apply for and EAD. What might this mean? Thanks to USCIS I lost a 2004 PD ...now its a 8/2006 PD.
In the meanwhile I have a Phd offer from a top UK university and am planning to take that opportunity, even though I have an admission to a Master's here with full scholarship.
Bluekayal Sorry to hear that you are still stuck in this mess. I am still in the university this is my second job change after GC. Hope your job and GC situation change to positive soon.
No comments:
Post a Comment