maximus777
08-21 12:46 AM
SRK also equally crap to talk about...so lets give this thread rest to peace..
Agreed
Agreed
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mchundi
01-09 02:11 PM
I just got to this site via from immigration portal.
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
Probably true,
I think the DOL/USCIS(I dont know who) is moving in this direction.
The real problem is the 7% limit per country and the time it takes for one to go thru the 3 steps.
There r several people who have started G.C process several times for different reasons. This slows them (DOL/USCIS) down and remember this is like a chain reaction until u stop applying for a G.C or AC21 kicks in.
Bill Clinton signed some immigration relief for the illegal immigrants just before he left without allocating any resources to process them. Close to 300,000 illegal immigrants filed their labor before Apr 2001. This brought the DOL to a halt and it couldnot recover for 2 years. Finally the BEC's were created to resolve the mess created by the new law. They did not sove the problem but addressed it to some extent. For some it became worse.
In the meantime several VISA numbers went unused because the DOL probably scrutinized the cases more thoroughly and probably there were more rejections by USCIS
The reason why so many people look for loop holes is because of the inordinate delay in the process.
I guess the situation will only become worse unless those who got their labor get to apply for 485 and get portability thru AC21 or dropout altogether.
The problem with labor is partly addressed thru PERM. Over the next couple of years the BEC's eliminate the backlog and soon everybody will be in the hunt for the VISA numbers.
The best that can be done now is the fight for more VISA numbers and be able to file for I485 whether a VISA number is available or not or anything that addresses this like
1: increase the overall VISA numbers (McGain && Kennedy)
2: capture unused VISA numbers
3: Cap not being applicable for those with Masters degree in ---- && 3+ years exp before starting the G.C process (Sen. Chuk hagel)
4: Being able to file I-485 even with no VISA number(failed S-1932)
--MC
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
Probably true,
I think the DOL/USCIS(I dont know who) is moving in this direction.
The real problem is the 7% limit per country and the time it takes for one to go thru the 3 steps.
There r several people who have started G.C process several times for different reasons. This slows them (DOL/USCIS) down and remember this is like a chain reaction until u stop applying for a G.C or AC21 kicks in.
Bill Clinton signed some immigration relief for the illegal immigrants just before he left without allocating any resources to process them. Close to 300,000 illegal immigrants filed their labor before Apr 2001. This brought the DOL to a halt and it couldnot recover for 2 years. Finally the BEC's were created to resolve the mess created by the new law. They did not sove the problem but addressed it to some extent. For some it became worse.
In the meantime several VISA numbers went unused because the DOL probably scrutinized the cases more thoroughly and probably there were more rejections by USCIS
The reason why so many people look for loop holes is because of the inordinate delay in the process.
I guess the situation will only become worse unless those who got their labor get to apply for 485 and get portability thru AC21 or dropout altogether.
The problem with labor is partly addressed thru PERM. Over the next couple of years the BEC's eliminate the backlog and soon everybody will be in the hunt for the VISA numbers.
The best that can be done now is the fight for more VISA numbers and be able to file for I485 whether a VISA number is available or not or anything that addresses this like
1: increase the overall VISA numbers (McGain && Kennedy)
2: capture unused VISA numbers
3: Cap not being applicable for those with Masters degree in ---- && 3+ years exp before starting the G.C process (Sen. Chuk hagel)
4: Being able to file I-485 even with no VISA number(failed S-1932)
--MC
soljabhai
12-13 04:15 PM
we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).
However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
if it is indeed found that the rule can be challenged.
However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
if it is indeed found that the rule can be challenged.
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vdlrao
07-24 09:40 PM
I really doubt whether any attorney knows how many total VISAS are there for EB1 + EB2 for the fiscal year 2008. On this total EB1 + EB2 we got an estimation based on our calculations in our privious posts.
more...
ivar
08-16 01:44 AM
[QUOTE=Mr. Brown;689396]While proponents would mask this whole backlog issue as something purposefully done by the "system" I don't buy it. It is a proven disaster.
--- Deleted ----
--- Deleted ----
thomachan72
01-13 01:29 PM
Can somebody who can access the document put out the important points/changes that are in there?
more...
krishmunn
06-12 12:20 PM
I wonder what Dilip was doing when he was laid off. An H1 holder is out of status the moment he/she is laid off. So, our brightest Dilip was out of status (aka illegal) during the period he was laid off.
As is said -- illegals have a better chance to get GC then those trying to be legal.
With such friends of prospecting immigrants you sure do not need an anti-immigrant.
As is said -- illegals have a better chance to get GC then those trying to be legal.
With such friends of prospecting immigrants you sure do not need an anti-immigrant.
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Kodi
05-25 12:21 PM
At what stage do you have to prove funds? Is it in the form of bank statements?
more...
ujjvalkoul
06-27 06:01 PM
if these turn out to be rumours ...then I will stop believing anything AILA says..
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desi3933
06-17 01:19 PM
I agree with you on the above points. You are doing the right thing in not blaming others for the downtrend in salaries. However, you are fundamentally assuming that you would have enough time to upgrade and adapt. What if that assumption falls apart?
Well, how can I blame employer if he is looking for skillset I don't have. To give you an example, if employer is looking for dot net architect with .net 3.5 experience and you have experience of dot net 2.0 then you don't qualify for that job. Simple.
Now a days, things are changing at faster pace. If you can't cope with that, you will lagging behind. You can not ask everyone else to go slow to match your speed.
What if outsourcing companies hit your employer with people with your skillets at abysmal prices through fraud?
Like I said before in other posts, if you suspect fraudulent activity, you can report it to authorities. Also you have option of legal route, if you have been wronged.
Today many companies do not look into the long term but make short term decisions. They may prefer the loss in quality for the "immediate" cost savings. It may take time for them to realize their follies.
That is the decision employer has to make. It is upto employer whether he wants top-notch programmer or a mediocre one. Employer has top bear the cost of making bad decision in this case.
Just like, no one can force you to take a particular job or a particular salary, we can not force employer to salary for that job. If Employer offers 50k salary for the job, you believe it should be 80k, then you should look for job elsewhere. If everyone is offering 50 to 55 (for example), then you will be forced to reconsider your salary. This is called market forces and it works both ways. Sometimes it works in favor of you, other times it could be against you.
.
Well, how can I blame employer if he is looking for skillset I don't have. To give you an example, if employer is looking for dot net architect with .net 3.5 experience and you have experience of dot net 2.0 then you don't qualify for that job. Simple.
Now a days, things are changing at faster pace. If you can't cope with that, you will lagging behind. You can not ask everyone else to go slow to match your speed.
What if outsourcing companies hit your employer with people with your skillets at abysmal prices through fraud?
Like I said before in other posts, if you suspect fraudulent activity, you can report it to authorities. Also you have option of legal route, if you have been wronged.
Today many companies do not look into the long term but make short term decisions. They may prefer the loss in quality for the "immediate" cost savings. It may take time for them to realize their follies.
That is the decision employer has to make. It is upto employer whether he wants top-notch programmer or a mediocre one. Employer has top bear the cost of making bad decision in this case.
Just like, no one can force you to take a particular job or a particular salary, we can not force employer to salary for that job. If Employer offers 50k salary for the job, you believe it should be 80k, then you should look for job elsewhere. If everyone is offering 50 to 55 (for example), then you will be forced to reconsider your salary. This is called market forces and it works both ways. Sometimes it works in favor of you, other times it could be against you.
.
more...
_TrueFacts
09-04 10:57 AM
Mr. or Mrs, so called "TrueFacts", you must be ashamed of your own thoughts. On seeing this thread, you created a fake account and became a keyboard warrior. Why? What is your other avatar? Are you suffering from multiple personality syndrome?
....
RajSenthil,
Picking on me will not change the fact that YSR was a corrupt, factionist gunda, land grabber who has killed numerous people. If you have a point against that, say so.
I am providing links to that reason.
Why any one (pseudo or not) should have sympathy for the dead? Do you have sympathy for Saddam, Hitler? Facts are facts. YSR�s death has contributed to this discussion. It does not matter what my ID is, where I am and if I am Mr or Mrs.
....
RajSenthil,
Picking on me will not change the fact that YSR was a corrupt, factionist gunda, land grabber who has killed numerous people. If you have a point against that, say so.
I am providing links to that reason.
Why any one (pseudo or not) should have sympathy for the dead? Do you have sympathy for Saddam, Hitler? Facts are facts. YSR�s death has contributed to this discussion. It does not matter what my ID is, where I am and if I am Mr or Mrs.
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walking_dude
02-14 02:51 PM
Life's not simple. It's not A or B. It's usually A and B that succeeds. Like I mentioned in an earlier post going ahead with option A (lawsuit) closes option B ( meetings and negotiations).
Best approach is IV keeps option B (lobbying) open while a group that agrees option A is better continues to pursue it. There is a lot of support for this measure here. What it lacks is a convinced leadership! Once the leadership emerges and there is action on the ground, who knows, the skeptics may join too.
chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?
Best approach is IV keeps option B (lobbying) open while a group that agrees option A is better continues to pursue it. There is a lot of support for this measure here. What it lacks is a convinced leadership! Once the leadership emerges and there is action on the ground, who knows, the skeptics may join too.
chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?
more...
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saketh555
09-15 06:08 PM
I guess the priority dates for EB2 will hoover around 2nd Q of 2005. I came to this assumption after seeing mass approvals of 04 applications, looks like they are cleaning all 04 applications:rolleyes:.
Can't really guess EB3, not even GOD.
Can't really guess EB3, not even GOD.
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imm_pro
07-24 07:43 PM
So to ensure that the CPs utilize all the quota, the dates are moved ahead before the end of the fiscal year and then moved back..hmmm so then again to ensure that the quota is used up in the next fiscal year,the dates will jump ahead again..:confused:
more...
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chanduv23
06-26 12:39 PM
There is possibility that retrogression begins in August. The USCIS maail department will acept only those cases the clerk could manually enter into the system by July 31st and then send all those applications back which he could not enter manually
IV Roumor thread - lets give the 'Best roumour of the day' award to the most convincing roumor .....
:D :D :D :D
IV Roumor thread - lets give the 'Best roumour of the day' award to the most convincing roumor .....
:D :D :D :D
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TomPlate
07-03 09:41 PM
Can somebody let me know, what are final conclusion.
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viva
01-28 01:57 PM
I think my previous question asking the poster of the question to contribute was deleted by the moderator.
It is a valid request to ask the poster of the question to contribute. If the person is coming on this site hoping to get a benefit from the members, then they must be willing to help out the organization too. I believe in the saying ," You scratch my back, I scratch yours."
There is no force involved here; it is just persuasion in the right direction. We will never reach our contribution goals if all people continue to get answers without contributing to the organization in return.
Core team- We should display a pop-ad for any new member signing up to IV asking them if they want to contribute. We need to get aggressive. This is no time to be passive.
It is a valid request to ask the poster of the question to contribute. If the person is coming on this site hoping to get a benefit from the members, then they must be willing to help out the organization too. I believe in the saying ," You scratch my back, I scratch yours."
There is no force involved here; it is just persuasion in the right direction. We will never reach our contribution goals if all people continue to get answers without contributing to the organization in return.
Core team- We should display a pop-ad for any new member signing up to IV asking them if they want to contribute. We need to get aggressive. This is no time to be passive.
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irock
09-24 04:35 PM
I support this and sent emails yesterday.
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Kushal
07-28 12:23 AM
Amway guys motto is to harass people even after you say NO and its been the same experienced by some of my friends and see similar ones in this thread as well. So again in plain english No means NO.. (If you did not understand what i said in plain english..)
"If you are not interested why would they bother you?"
Ask your amway friends/buddies and you are more than welcome to join them in the backseat of a police car with handcuffs.. :D..
Sure with dead bobhead braincells of yours, nobody expects your self image to be high enough. Its not for wimps wearing zippers to the side like you. If you are man enough come and talk to me, and will see who gets handcuffed.
"If you are not interested why would they bother you?"
Ask your amway friends/buddies and you are more than welcome to join them in the backseat of a police car with handcuffs.. :D..
Sure with dead bobhead braincells of yours, nobody expects your self image to be high enough. Its not for wimps wearing zippers to the side like you. If you are man enough come and talk to me, and will see who gets handcuffed.
poorslumdog
09-04 12:44 PM
You know the reason why I had to cancel my CC. Its been compromised....
Get a life...Idiot....
so now you are a free loader and got a reason for that. Nice try. Try something else..it didnt work out. :cool:
Get a life...Idiot....
so now you are a free loader and got a reason for that. Nice try. Try something else..it didnt work out. :cool:
pani_6
06-27 03:47 PM
So with Oct 07...new year starts for the Visa gain...so will the dates starting moving forward by Nov07
