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  • ItIsNotFunny
    03-27 08:59 AM
    Hi All,

    I currently have an EB3 March 2003 priority date labor I140 approved with my company. Recently, I wanted to move to consulting, sothat I can get my GC converted to EB2 as the dates are only 2 months apart. I have asked my company if they are willing to take me as a contractor once I am out of the company and go to a consulting company. They said that it should be fine, but they said if GC is the only purpose, they can try to do something about converting my existing labor to EB2. It's a very big fortune 500 company and they do all their labors in EB3. My question is:
    1. Can I re-apply another labor in EB2 for a position that qualifies in the same company and can port the existing EB3 priority date? Has anyone done this in the past?
    2. Can I use any prior priority date approved labor in the same company, even though my EB3 I140 is approved with the same company.

    3. Can I move to consulting company and reapply in EB2 with existing priority date and work for the same company that has my current labor.

    The company legal counsel said that they would come back to me with some answers this week, but I want to get second opinion from all of you in this regard. I have my Masters in 2000 and MBA in 2004 with 8 years experience and so EB2 qualification shouldn't be a problem

    Any help will be greatly appreciated!


    Thanks,

    Yes, you can move to another company with existing priority date. You still have to get LC and I-140 approved from new company but while filing 485, you can use old 140 priority date.





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  • paskal
    12-13 05:40 PM
    Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.


    in a nutshell:

    an end to retrogression for all
    increased GC quota
    removal of per country quota
    efficient processing of applications

    the per country quota issue is only one among the measures
    we cannot focus exclusively on that because our goal is an end to retrogression for ALL. it does remain though, one of our goals in the package because we believe it is fundamentally unfair and should not be apart of a skilled immigration program.





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  • dealsnet
    05-18 01:42 PM
    It is not good to put fake identity in any forums. The guy (MARPHAD) pointed out have a good civic sense. Here admins are not paid. They have jobs, and not always watching people. This site is for every one. So the members have an obligation to find out the fake, anti immigrants. He may not be anti immigrant, but he have fake identity. So if you not correct, and going in wrong path, some one may point out to you. Do not expect you need or only obey a Police to get a direction. Grow up guys.

    How has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???

    If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.





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  • kuhelica2000
    02-12 05:58 PM
    Quota means a guaranteed number of visa for a country. For example if there is a 3% quota for monorities in college admissions, it guarentees 3% will go to minorities. There is no such quota for green card; only maximum limit a country can use. Even with this limit India captures more visas then any of the ROW countries.


    Getting rid of quotas will help. We will not be in a situation where
    - EB2 is current for ROW and unavailable for India.
    - EB3 is in year 2005 for ROW and stuck in 2001 for India

    Adding more visas is a legislative process. Applying per country quota is as
    per DOL�s discretion.



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  • Marphad
    03-27 11:58 AM
    Hey this is not fair! Someone updated poll options.

    Anyways, not a problem. Just teach me how to do it please.





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  • redcard
    02-19 04:22 PM
    Even US Ph D does not mean EB1. I know top 60 Schools in which fresh Ph D's (for Asst Prof) apply for EB2.

    I don't know if any US MS will go through EB1.

    What you are talking here is the Eb1-EA category.. and not the general EB1 category..

    The EB1 Category is primarily meant for inter company transfers. Most of the people who qualify to get GC under this category come to US through the inter company transfer route and are primarily on L1-A work visa. Folks under L1-A do not require a labor certification and directly file I-140 /485 unlike people who come on L1-b visa which is also inter company transfer and requires a person to file a labor certification in US and then file GC under Eb2 or Eb3 as the case may be.

    It�s surprising that Eb1 is current for India. Going by the facts.. the top 3 IT companies had shipped most of their project folks infact every other person to US under L1-A in the last few years when H1-b was under scrutiny for these companies. Most of these people who came under L1-A should have applied for GC under Eb1 which should have retrogressed the dates for EB1 also. The only logical reason for this that these companies are being very selective in doing GC now unlike in the past when a lot of people had got GC under this category.. and the date for EB1 for India had retrogressed in beginning of 2006..

    That apart the other reason why this category is current is that most of the staffing companies aka.. body shoppers cannot use this route to get people to US.. because they need to have full-fledged profitable operations overseas�. and the person being sponsored should have atleast worked for 365 days outside US for the company. The consulates do a complete check before giving an authorization under L1-A or L1-B category..



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  • vxg
    06-04 01:09 PM
    Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.
    Giving an interim GC while visa number is unavailable will have the effect of bypassing the entire GC quota system. How do you want the interim card to be different from the final thing? No way that anyone in Congress will allow for their laws to be overridden through USCIS rulemaking.





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  • knowDOL
    08-03 04:21 PM
    The comment period ended April 17th 2006. I heard, Many top companies were against elimination, probably, because they had plenty of labors using which they could attract senior and bright H-1B's. Also, I think USCIS needs to publish an elimination of substitution in this respect which will again have to go through comment period, only after all this the elimination will come into place.

    But the reason why elimination proposal came in is because of fraud and not because of unfair ness to people who are in line or FIFO because of transfer of PD. DOL and USCIS noticed that companies are sellling Labors which is fraud. There was some memo that USCIS will not publish until last quarter, soeveryone expected the rule will become effective by August September time frame. But I have not read anything as of today that the USCIS published anything in Federal register relatting substituion elimination.

    Probably we should wait and watch. My guess is that something may come by October 1st, 2006. Only an assumption.



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  • ragz4u
    02-06 02:25 PM
    http://www.murthy.com/news/n_endsub.html





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  • sidbee
    01-22 03:46 PM
    Murthy.com explains the effects of the memo.

    MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)



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  • vivekm1309
    02-12 09:12 PM
    That is an apples to dinosaur analogy.

    The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.

    Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.

    Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.

    The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.

    Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.


    But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.

    Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?





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  • poorslumdog
    09-04 12:51 PM
    You moron coming from the slum region or any other place in Bihar.
    You don't know about keralites.
    100% Literacy.
    Living standard is same like Europe. (no other state have the facilities such as health care and standard of living like Kerala).
    It is God's own country.
    Visit and see the details.
    Even the guys working in Gulf countries knows better than you and making much more than you. Go and see their houses.(multi storied), You are still in an appartment.
    Do you ????


    Mr.Nair tell me is it Gulf or Gelf. Do you still wear lunky in office or smoke peedi...enda peedi malabar pedi, enda CM EK nayar...he he :D

    If its GOD own country...what are you doing there. Are you renting it mr.Nair

    by the way how is omana kutty.



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  • sledge_hammer
    01-14 02:23 PM
    What these guys are really trying to achieve is bring back the good old days of high billing rates. I guess they see that the desi consulting company is responsible for driving down the quality as well as rates and salaries. The memo gives examples that would make it ok for large consulting companies like Accenture, Infy, PWC, etc, but not ok to be a *tech or *soft desi consulting company.





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  • BharatPremi
    07-26 04:01 PM
    So why are you here in the first place? Why in US? Why applying for GC? Why on IV to try to improve this broken system? Face the fact, you too dont want to return or else you wouldnt be here.

    There is no harm in being selfish and persuing a better life. "Do something good for India" is an ideal punch line for preachers. BUT Be realistic.

    Rongha_2000,

    Hypothetically speaking let's say if USA decides not to take you in permanently what will you do?:D



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  • hopefulgc
    02-13 02:46 PM
    Agreed ... lawsuits work. The links are very encouraging.
    At the very least, we force them to respond & address the problem right away rather than just ignoring us like they have been doing all the time we have been lobbying.

    In our case, the "outs" they have to make us go away are very convenient...
    they would very likely agree to recapture.





    Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:





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  • Caliber
    09-04 01:03 PM
    You moron coming from the slum region or any other place in Bihar.
    You don't know about keralites.
    100% Literacy.
    Living standard is same like Europe. (no other state have the facilities such as health care and standard of living like Kerala).
    It is God's own country.
    Visit and see the details.
    Even the guys working in Gulf countries knows better than you and making much more than you. Go and see their houses.(multi storied), You are still in an appartment.
    Do you ???? You are _TrueFacts aka poorslumdog aka insider

    DEALSNET: You got answers for your own questions. Please understand that every one in Andhra also wanted to live the way you guys enjoy in Kerala. But this guy YSR and his son Jagan grabbed every thing in Hyderabad. If you do not giveyour property, they will kill. They killed 174 people. They even intimidated Judges.

    It is Jesus Christ that killed YSR for using his name and doing all worst things that a common man can not even imagine.

    By the way what is "APPARTMENT?



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  • ita
    04-20 02:27 PM
    Guys,

    Unlike here in U.S people in India don't seem to be aware of what's going on around them.
    Please do whatever you can in educating whoever you think would understand you.
    Media is not doing the job of carrying news to people , increasing awareness of people.
    It's just serving certain elements .

    Here's Modi's appeal to NRIs

    http://www.youtube.com/watch?v=zvtTZ7B-2pM





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  • venetian
    05-12 01:40 PM
    If you are talking about SL Tamils, they are not immigrants but are the native sons of northern part of the present geographical area known as Sri Lanka. Before Europeans came, they had their own kingdom but when finally British left, they left it with hands of the narrow minded majority, who started to discriminate ingenious Tamils left and right.

    Of course there are Indian Tamils in Sri Lanka who were taken by British to work in the tea plantations.

    Current issue in Sri Lanka is between native Tamils and Sinhalese. Indian Tamils factor very minimal.

    Do some research before making a comment about entire ethnicity.


    Can I ask a question - tangential, maybe, but not by much. Why do Tamils have such a problem assimilating? Why don't they learn the local language and respect the local culture when they immigrate? Their motto seems to be "In Rome, be a Raman".

    And the opposite is true when people speaking other languages settle in Tamil majority areas - they are, dare I say, forced to integrate, because that is the only way one can manage to live on a day-to-day basis. Would Tamils ever allow a non-Tamil minority to gain even a tiny foothold in their areas where the Tamil writ would not run? I doubt it.

    Note that I am a firm believer of learning and respecting the local culture and integration. One does have a 'right' to propagate one's own language and culture, but they lose that right substantially when they emigrate to an alien land - whether it is within the same country or not.

    To extend the logic, when we (mostly people of Indian origin in this group, I would assume) immigrate to the US, while we may try to conserve our heritage in private, we cannot impose it on the locals. That is when you end up creating ill-will against immigrants among the native population. America has been a great melting-pot, and has had great success assimilating great waves of immigrants from various countries including Italy, Ireland, Scandinavia, Germany etc, and the reason it succeeded was that in a couple of generations, there was total integration into the American culture. We owe it to our adopted country to do the same.





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  • Marphad
    03-29 08:21 PM
    My point is that a person/politician should be judged by the actions/governance and not their lineage. Congress is corrupt like most parties and that discussion is valid (though I would rather see this forum only used for immigration matters...).
    I can certainly provide hundreds of links to make this a dividing post but I dont have a propensity for it. My point was to a show a mirror to people who post some ridiculous posts but get away since they seem to be in the majority or atleast seem to be the loudest. Using the measures of US, a lot of what is said in non-immigration matters on this forum would be deemed so racist.
    As for Kashmir hindus, I truly wishes Justice is done to them. They are the Children of kashmir. Just like I wish justice is done for every person in India whether the crime be done by extremists or State actors. As for the non-existent discrimination of minorities, I hope you are right but trying to silence people who raise such issues is no way to provide justice. Even to this day, discrimination against blacks is a matter of grave concern in this country. A strength of a society/democracy is the treatment of the weakest/minorities.


    And what is the qualification of Rahul or Sonia other than being so-called Gandhi-Nehru?





    mbartosik
    12-13 07:16 PM
    As you use the phrase Check Mate....

    Chess is all about thinking strategically several moves ahead.
    Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.

    The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.

    Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.

    Think of lobbying as polite negotiation.
    Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
    Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.


    I would rather negotiate than fight, I would rather lobby than court challenge.

    So yes, check mate, if we follow this route.
    Alternatively, a British phase: Royally screwed!





    Legal
    07-19 01:25 AM
    Spillover will occur from the first quarter itself this time. it has not happened in the last few years because, there were many applications from ROW(especially EB2 and EB3 ROW) coming from backlog centers and using up all the visa numbers as all the spillovers got passed on to EB3 bypassing EB2 retrogressed countries. this is exactly why EB2 was unavailable in February. now with the correct interpretation of the law and EB1 and EB2 ROW being current, the spillover will happen from Nov/dec of this year itself for 2009 quota. But I am not sure how quickly the dates move for Eb2 or how much spillover will happen. remember the visas allotted for a particular quarter will be used by the end of the quarter and I doubt if there will be much demand in EB1 and EB2 ROW that can use up all the visas for the quarter. this is why I think EB2 I and C will get spillover very early in the year and I don't think we will be waiting till the last quarter for this to happen


    Economy is tanking, the number of new EB2ROW may not be that high in many fields in the coming months. What do you think? This is likely to help EB2-I,C who are in the waiting line and are able to hold their jobs.



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