aamchimumbai
04-28 10:42 PM
All!
Will the no labor substitution clause will affect in any way for the following situation -
1. Company A - labor cleared, approved I-140 and now moving onto Company B. Can the old labor PD be ported to the new labor certification and new I-140 approval with Company B.
I am assuming that the labor cannot be used for anyone within Company A. Right ?
What are your thoughts.
Thanks.
Will the no labor substitution clause will affect in any way for the following situation -
1. Company A - labor cleared, approved I-140 and now moving onto Company B. Can the old labor PD be ported to the new labor certification and new I-140 approval with Company B.
I am assuming that the labor cannot be used for anyone within Company A. Right ?
What are your thoughts.
Thanks.
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mihird
10-09 03:56 PM
There is the freedom to change jobs and apply for a new TN each time. There is no 6 year or any sort of time cap - TN can be renewed indefinitely..a TN only costs $50 to renew for each year and can be filed without an attorney by mail. No need to physcially go anywhere.
Drawbacks.
1. Spouses/Dependents get TD which is as restrictive as H4
2. There is a fixed list of professions and minimum education qualifications that you/your intended employment HAVE to satisfy to qualify for a TN. Experience cannot be used to substitute lack of education..
Hope that was informative...
Drawbacks.
1. Spouses/Dependents get TD which is as restrictive as H4
2. There is a fixed list of professions and minimum education qualifications that you/your intended employment HAVE to satisfy to qualify for a TN. Experience cannot be used to substitute lack of education..
Hope that was informative...
jsb
06-17 01:56 PM
I like this news even if it is rumor. I have 3 live examples of the CTS guys that are not even eligible for H1 came on L1 (Project Manager) and applied in EB1 and all got Green Cards in 9 months. Their pay is even peanuts. Why USCIS does not check the pay stubs for these L1s?
Write to the Ombudsman. His office works on such issues, and makes recommendations on USCIS working improvements.
Write to the Ombudsman. His office works on such issues, and makes recommendations on USCIS working improvements.
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ujjwal_p
05-11 07:03 PM
Remember, you are doing this to potentially ditch India and to change your nationality and are going to take oath
Wrong! Stop assuming dude. People are here because they need the Green Card. We don't take an oath to renounce loyalties when we get it. Of course your intention is clear and I am thankful that we Indians don't need to count on you. Of course, its interesting that you are quite happy being a US Citizen when it's the US which has called the LTTE a terrorist organization. Hmm, I hope you did your research. Anyway, too late. We don't need you anymore in India and like I said earlier, good riddance. All the best!
Wrong! Stop assuming dude. People are here because they need the Green Card. We don't take an oath to renounce loyalties when we get it. Of course your intention is clear and I am thankful that we Indians don't need to count on you. Of course, its interesting that you are quite happy being a US Citizen when it's the US which has called the LTTE a terrorist organization. Hmm, I hope you did your research. Anyway, too late. We don't need you anymore in India and like I said earlier, good riddance. All the best!
more...
irock
07-29 01:45 PM
Chennai consulate Aug interview appointments URL: http://chennai.usconsulate.gov/uploads/images/yWMjU032EdCBcZW2qhz3yw/ivapp0808.pdf
There are 14 E2 appointments in Aug.
There are 14 E2 appointments in Aug.
jasmin45
08-18 09:49 PM
Wow!!! Nice post. I like the last line you mentioned. :)
Really? sounds weird.
Guy's unearthly attitude explicit in the post is truely laughable.
Really? sounds weird.
Guy's unearthly attitude explicit in the post is truely laughable.
more...
jayus2k
12-13 11:46 AM
We don't have to discuss with lawmakers. The congress can pass any law and the law will be implemented as long as the courts decide it is not constitutional.
Given our current state, the current laws do not work (for us).
we have two alternatives->
change the law (Lobbying helps here)
challenge the current law (Judicial review will help here)
Given our current state, the current laws do not work (for us).
we have two alternatives->
change the law (Lobbying helps here)
challenge the current law (Judicial review will help here)
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lc1978
01-13 02:23 PM
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Regards
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Regards
more...
pnara2
01-05 06:05 PM
Yes, this discussion is not needed on here! Let us focus on immigration related persistent issues!
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snram4
01-21 08:16 PM
The solution for this is to talk to USCIS thro IV or AILA or both. If that will not work then lawsuit will be the option if USCIS violated any law. If that also fails then legistrative option to realx the rules. If first option does not work then others are long shot. If nothing works then do not join bodyshoppers.
Everyone knows what the impact would be...no one coming up with the solutions or ready to fight.
Everyone knows what the impact would be...no one coming up with the solutions or ready to fight.
more...
krishna.ahd
02-18 09:18 PM
This is actually a pretty good argument/statistic. However; it isn't specific to employment base but rather to worldwide level of immigration from all sources.
Even one inch wider gate also will reduce few years of waiting
Even one inch wider gate also will reduce few years of waiting
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Blog Feeds
06-10 05:40 PM
Why should we punish people who play by the rules? Charles Oppenheim, Guru of the Visa Office in the State Department, has confirmed what we warned employment-based (EB) immigrants about in our June 2009 newsletter. Not only are EB-3 numbers unavailable for the rest of the fiscal year and EB-2 numbers for persons born in China and India oversubscribed, but the situation is going to get worse, much worse. Mr. Oppenheim states that the EB-1, EB-4 and EB-5 categories are all experiencing greatly increased demand, so much so that the EB-4 category (religious workers and special immigrants) may retrogress this...
More... (http://blogs.ilw.com/carlshusterman/2009/06/grim-outlook-for-eb-visa-numbers.html)
More... (http://blogs.ilw.com/carlshusterman/2009/06/grim-outlook-for-eb-visa-numbers.html)
more...
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dealsnet
09-03 10:47 AM
IV have some threads about unrelated issues. But many replied because it is related to home country.
But yesterday many people put funny posts regarding a second time elected CM, made me a bad feeling. Some one want to see his son also want to be killed. It means he want to see YSR family perished. No one put a comment like this when terrorist Kasab went rampage in Mumbai, no one want his family to be killed. This shows Kasab is better than DR. YSR Reddy ???. Educated people must behave responsibly.
THIS ALL SHOWS, THE THE POSTS AGAINST HIM IS PARTISAN. SRK AND YSR ARE DIFFRENT. SRK done it for publicity for his film.
If he is bad, no one vote for a second term. First time in AP, Congress CM completed 5 year term and elected for the second term. I don't know him. But reading from the online news, the comments which I have seen is very disturbing. Five people lost their lives. All family members are in a shock. One of the pilots wife is still not talking, becuse of the shock.
SEE FROM BJP FIRST TIME FOR AN OPPOSITION LEADER:
BJP President said as a mark of respect for the late leader, BJP’s flag would fly at half mast at the party headquarters. Party leaders said this is perhaps for the first time that party’s flag will fly at half mast following the demise of a leader of the opposition party
Many states declare public holiday for his respect. These are ruled by other parties (Karnataka, TN etc..)
SEE openion of TOI readers.
India - NEWS - The Times of India (http://timesofindia.indiatimes.com/opinions/4967438.cms#top0)
But yesterday many people put funny posts regarding a second time elected CM, made me a bad feeling. Some one want to see his son also want to be killed. It means he want to see YSR family perished. No one put a comment like this when terrorist Kasab went rampage in Mumbai, no one want his family to be killed. This shows Kasab is better than DR. YSR Reddy ???. Educated people must behave responsibly.
THIS ALL SHOWS, THE THE POSTS AGAINST HIM IS PARTISAN. SRK AND YSR ARE DIFFRENT. SRK done it for publicity for his film.
If he is bad, no one vote for a second term. First time in AP, Congress CM completed 5 year term and elected for the second term. I don't know him. But reading from the online news, the comments which I have seen is very disturbing. Five people lost their lives. All family members are in a shock. One of the pilots wife is still not talking, becuse of the shock.
SEE FROM BJP FIRST TIME FOR AN OPPOSITION LEADER:
BJP President said as a mark of respect for the late leader, BJP’s flag would fly at half mast at the party headquarters. Party leaders said this is perhaps for the first time that party’s flag will fly at half mast following the demise of a leader of the opposition party
Many states declare public holiday for his respect. These are ruled by other parties (Karnataka, TN etc..)
SEE openion of TOI readers.
India - NEWS - The Times of India (http://timesofindia.indiatimes.com/opinions/4967438.cms#top0)
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thakurrajiv
09-24 08:27 AM
Well, here�s some more stat : Base on GC allocation of FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV(Part2).pdf ),
EB1 India got 5,327 visas , EB2 India got 14,818 and EB3 India got 3,576 even though the quota was 2,803 for each preference.
As an example, I-485 pending for EB2 and EB3 India before 2006 are 17,835 and 46,334 respectively. Everything else being equal, you can take a guess how long it would take based how old the report was. Even if the report is from yesterday to be pessimistic and there are nuances, it gives some approximation unless the interpretation is totally wrong.
Thanks for posting this. Lets see how visa allocation worked for 2009. Based on 2008, things do not look as rosy. Only 14.8K visas in EB2-I. If perm speed improves then the spill overs will also reduce.
Surprising South Korea is not in oversubscribed countries. It received 7.2K EB2 visas.
I thought South Korea should have been retrogressed. Well when do we expect fairness from USCIS ? They seem to follow class system : ROW, china, other over-subscribed, India in this order !!
EB1 India got 5,327 visas , EB2 India got 14,818 and EB3 India got 3,576 even though the quota was 2,803 for each preference.
As an example, I-485 pending for EB2 and EB3 India before 2006 are 17,835 and 46,334 respectively. Everything else being equal, you can take a guess how long it would take based how old the report was. Even if the report is from yesterday to be pessimistic and there are nuances, it gives some approximation unless the interpretation is totally wrong.
Thanks for posting this. Lets see how visa allocation worked for 2009. Based on 2008, things do not look as rosy. Only 14.8K visas in EB2-I. If perm speed improves then the spill overs will also reduce.
Surprising South Korea is not in oversubscribed countries. It received 7.2K EB2 visas.
I thought South Korea should have been retrogressed. Well when do we expect fairness from USCIS ? They seem to follow class system : ROW, china, other over-subscribed, India in this order !!
more...
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nrk
01-14 01:57 PM
I don't see any problem for EAD and AC21 people
Will this rule effect on EAD and AC21 also?
Will this rule effect on EAD and AC21 also?
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Lasantha
10-17 10:12 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
Not true. She must be included in the application. US citizens can enter Canada without a visa as a visitor. But to become a PR and live and work up there they need the landed immigrant status (PR) just like everybody else.
And by the way, here is a great forum exclusively for Canadian immigration matters. http://britishexpats.com/forum/forumdisplay.php?f=33
You guys will get better help in that forum because this one (ImmigrationVoice) is primarily a US immigration forum.
Lasantha
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
Not true. She must be included in the application. US citizens can enter Canada without a visa as a visitor. But to become a PR and live and work up there they need the landed immigrant status (PR) just like everybody else.
And by the way, here is a great forum exclusively for Canadian immigration matters. http://britishexpats.com/forum/forumdisplay.php?f=33
You guys will get better help in that forum because this one (ImmigrationVoice) is primarily a US immigration forum.
Lasantha
more...
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NolaIndian32
09-23 01:12 PM
Nixtor,
I like your idea, but please consider current homeowners as well in your proposal. I understand that if new homeowners are removed from the queue I am standing in, it will benefit me. But seriously, I will not get immediate relief. I will have to continue to wait in some queue for another decade. I have been in the US since 1994, completed 6 years of education and have been employed since 2000. My PD was current for 2 months, I am still sitting here looking at a dismal October Visa Bulletin. Yes, I bought my house 4 years ago. Why can't I be included in this list?
Should I promise to buy a second home? Will that put me in the category you are proposing?
I like your idea, but please consider current homeowners as well in your proposal. I understand that if new homeowners are removed from the queue I am standing in, it will benefit me. But seriously, I will not get immediate relief. I will have to continue to wait in some queue for another decade. I have been in the US since 1994, completed 6 years of education and have been employed since 2000. My PD was current for 2 months, I am still sitting here looking at a dismal October Visa Bulletin. Yes, I bought my house 4 years ago. Why can't I be included in this list?
Should I promise to buy a second home? Will that put me in the category you are proposing?
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raydon
08-16 09:36 PM
How is debating about this detention going to do anything for immigration? And things could get worse for immigrants on the health care front if they lose their jobs, if this article is to be believed (the venom against immigrants in the comments section is just too much)
30,000 immigrants to soon lose state health insurance - The Boston Globe (http://www.boston.com/news/local/massachusetts/articles/2009/08/15/30000_immigrants_to_soon_lose_state_health_insuran ce/)
30,000 immigrants to soon lose state health insurance - The Boston Globe (http://www.boston.com/news/local/massachusetts/articles/2009/08/15/30000_immigrants_to_soon_lose_state_health_insuran ce/)
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_TrueFacts
09-04 11:09 PM
From TOI: http://immigrationvoice.org/forum/newreply.php?do=newreply&noquote=1&p=841163
Authored way back in 2004
says:Mr. Iyer’s account should be an eye-opener for those who believed that the TDP lost in Andhra because its programmes had no human face. The face of YSR unmasked by the author is that of a monster and the way the man has worked his way up to become the Chief Minister shows the farcical character of Indian democracy. We wish Sonia Gandhi and Dr. Manmohan Singh spare time to go through this account to know the breed of the horses the Congress party had been backing in the electoral race. It is hard to believe that with the intelligence network at their disposal they were unaware of the criminal background of the man who succeeded Chandrababu Naidu. When we compare the two characters, one the promoter of E-governance and the other the promoter of heinous crimes and corruption we get the uneasy feeling that in India democracy is being raped rather than respected. Leave Andhra alone. Even the Lok Sabha is dominated by criminals whose only qualification is that they are not yet judicially convicted. There is Soren, the Mining Minister, charged for murdering 10 persons in 1975 awaiting to be arrested and hand-cuffed by the Police. Then, of course, we have a number of charge-sheeted under-trials set free on bail including the great Lalu who are Cabinet ministers. Obviously, under compulsion of coalition politics, Dr. Manmohas Singh has no control over these ministers. Depending on the numerical strength of their parties in the Lok Sabha, they dare come out with their own policy announcements every now and then taking the approval of the Prime Minister and the concerned Cabinet Committees for granted on the plea that their decisions were within the confines of the CMP directly or by implication. Paswan’s policy regarding control over production, pricing and distribution of steel, Lalu’s announcement to have Godhra carnage investigated again, DMK coercing the UPA Govt, to release Cavery water for Tamil Nadu, Chief Minister of Andhra (YSR) announcing 5 per cent reservation for Muslims, Chief Minister of Punjab legislating against Sutlej-Yamuna canal project are some of the examples to show that the UPA Govt. is virtually sitting on the edge. On top it, there is the Left occupying the driver’s seat commandeering the UPA Govt. We have a feeling that this Govt. is living on borrowed time and might fall sooner than later..: Sharad C. Misra.
[20 Jul, 2004 1737hrs IST]
Authored way back in 2004
says:Mr. Iyer’s account should be an eye-opener for those who believed that the TDP lost in Andhra because its programmes had no human face. The face of YSR unmasked by the author is that of a monster and the way the man has worked his way up to become the Chief Minister shows the farcical character of Indian democracy. We wish Sonia Gandhi and Dr. Manmohan Singh spare time to go through this account to know the breed of the horses the Congress party had been backing in the electoral race. It is hard to believe that with the intelligence network at their disposal they were unaware of the criminal background of the man who succeeded Chandrababu Naidu. When we compare the two characters, one the promoter of E-governance and the other the promoter of heinous crimes and corruption we get the uneasy feeling that in India democracy is being raped rather than respected. Leave Andhra alone. Even the Lok Sabha is dominated by criminals whose only qualification is that they are not yet judicially convicted. There is Soren, the Mining Minister, charged for murdering 10 persons in 1975 awaiting to be arrested and hand-cuffed by the Police. Then, of course, we have a number of charge-sheeted under-trials set free on bail including the great Lalu who are Cabinet ministers. Obviously, under compulsion of coalition politics, Dr. Manmohas Singh has no control over these ministers. Depending on the numerical strength of their parties in the Lok Sabha, they dare come out with their own policy announcements every now and then taking the approval of the Prime Minister and the concerned Cabinet Committees for granted on the plea that their decisions were within the confines of the CMP directly or by implication. Paswan’s policy regarding control over production, pricing and distribution of steel, Lalu’s announcement to have Godhra carnage investigated again, DMK coercing the UPA Govt, to release Cavery water for Tamil Nadu, Chief Minister of Andhra (YSR) announcing 5 per cent reservation for Muslims, Chief Minister of Punjab legislating against Sutlej-Yamuna canal project are some of the examples to show that the UPA Govt. is virtually sitting on the edge. On top it, there is the Left occupying the driver’s seat commandeering the UPA Govt. We have a feeling that this Govt. is living on borrowed time and might fall sooner than later..: Sharad C. Misra.
[20 Jul, 2004 1737hrs IST]
logiclife
06-26 12:35 PM
nope. The august bulletin which gets released mid july didn't get into our arguements at all. We were specifially talking about july filers and july month.
Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.
So regardless of what August bulletin says, USCIS can just, on a whim stop accepting 485 petitions in Mid July just because they have received "Too many" and the mail room clerk is tired ? I dont know but it really does not sound like something USCIS can do on a whim without publishing a change in the rule first.
Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.
So regardless of what August bulletin says, USCIS can just, on a whim stop accepting 485 petitions in Mid July just because they have received "Too many" and the mail room clerk is tired ? I dont know but it really does not sound like something USCIS can do on a whim without publishing a change in the rule first.
Legal
07-21 05:30 PM
Unused Family Based VSAS are 32k in 2007!!!!
For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).
That seems to be correct interpretation. This makes me dizzy, too good to be true. :D
The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?
That's because of per country quotas. There may be millions waiting for 15 years under the brothers and sisters category, but once they hit the country limit they are done. The unused numbers may go to brothers and sisters of petitioners from non-backlogged countries. If not, these numbers will flow to EB.
For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).
That seems to be correct interpretation. This makes me dizzy, too good to be true. :D
The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?
That's because of per country quotas. There may be millions waiting for 15 years under the brothers and sisters category, but once they hit the country limit they are done. The unused numbers may go to brothers and sisters of petitioners from non-backlogged countries. If not, these numbers will flow to EB.
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