Saturday, June 11, 2011

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  • eatpavbhaji
    04-22 02:20 PM
    I lost my major young life on green card (around 9 years) and I can just am pray that my labor will be used only for myself and not others.

    LABOR SUBSTITUTION SHOULD BE ELIMINTED RIGHT AWAY.

    ALL OF THEM WHO USED OTHER'S LABOR SHOULD BE INVESTIGATED COMPLETELY AND SHOULD BE GIVEN VISA NUMBERS LAST.


    LABOR SHOULD BE ALLOWED TO CONTINUE FROM COMPANY TO COMPANY OTHERWISE COMPANY CAN PURPOSEFULLY FIRE EMPLOYEE TO GIVE OR SELL LABOR TO OTHERS.

    Below comments have gone to comments for elimination of labor substitution.

    TOP 10 reason to support rule to eliminate labor substitution.

    1> So many years, labor applications were misused completely. Many Companies were filing fake labor and were using for anyone elsewith lower educated, lower experience people who wanted GC within 6 months instead of normal 4 to 6 years. It is like stealing someone's pocket.

    2> One was waiting for years hoping his labor will get approved and after his labor was approved, company used for another person demonstrating complete exploitation of system.

    3> Many company started selling labor applications as key business

    4> Many companies were giving too less salary indicating that if employee joins with minimum salary and if they sign 6 years of bond then company will use USA's approved labor for anyone.

    5> Most of the companies started asking money from employee. So if employee is saving $6000 per year, they have to work for free for entire year if they want GC.

    6> Why one need to substitute labor when they can file new labor for new person anyway.

    7> Companies started threatening employees that if employee don't do what they say, they will use his/her labor for other and he will loose all 2 or 3 years of labor approval. Why not...it was legal to take labor back and use it like playing cards!!

    8> Everyone knew that they can buy approved labor and get their GC in few months and original owner will loose years.

    9> Who is going to audit whos labor was used how ? Nobody in past from government asked or audited as how come one's GC came so fast and others with better capabilities/education took 5 times. Nobody in past from government asked or audited as if employee was important then why company never filed labor for him and all of sudden used pre-approved labor to have that employee.

    10> Companies used to stock labor applications like grocery (actually like
    gold...can buy/sell anytime !)...after all labor application is cheap and shortcut to save 2 to 3 years and sell in blackmarket.




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  • EB3June03
    06-18 01:08 PM
    From:- http://www.cdc.gov/ncidod/dq/pdf/civil_surgeon_ltr.pdf

    Technical Instructions for Civil Surgeons
    A new TB classification (Class B: Latent TB Infection Needing Evaluation for Treatment) should be used for all applicants who are recent arrivals to the United States (less than 5 years) from countries with a high TB prevalence, with a Mantoux TST reaction of 10 mm or greater of induration, and no evidence of TB disease. See Section V of the TB Technical Instructions for other conditions for which referral for evaluation for treatment of latent TB infection is recommended. The civil surgeon should pro-actively contact the TB Control Program of the local health department to identify specific sources of treatment for latent TB infection and make the appropriate referral.

    What if the applicant is NOT a recent arrival in US and does NOT have any evidence of TB disease? I hope there is another category for that (which might be exempt from treatment).




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  • ibbu_arif
    11-16 10:27 AM
    Hello Gurus,

    I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries :)

    Following is my current Status

    Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
    Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.

    I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.

    After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.

    From the info in some posts, I understood that this extension puts me back into H1B Status.

    Now the actual question :
    -------------------------
    I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)

    If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.

    But let's assume I don't get it Approved before I leave.

    a) Am I allowed to travel outside USA while my AP is Pending ?

    b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?

    c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
    why did I leave the country while my AP application is Pending ?
    Why are applying for H1B Visa while you could have used your AP?

    I appreciate your detailed answers.

    Thanks




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  • test101
    07-08 02:00 PM
    I'm sorry but why he did not say IV... i'm not trying to offened anybody people from all over are sending as well. it would make it better if he said the legal immigrant community



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  • eb3_nepa
    08-25 12:54 PM
    I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
    My Wife works for Company B which sponsored her H1.

    So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?

    As per my laywer, you should be able to work for an H1B and still re-enter using an AP. However for questions like these it is best to consult a GOOD attorney.




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  • Blog Feeds
    09-29 08:10 PM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjntcerfTqyYbkly2GhydU4F-kgaFG-d6g7gneBQxScFnO-yaMbtX0f3zcipo5KZ92DtbGp3uEmFgJQsJ5BcQpr0RQkGy5gvBxQbFCqA18ZjZSfZa7VkjTyj-crt3ChEl2kG1cuRwcPvYo/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjntcerfTqyYbkly2GhydU4F-kgaFG-d6g7gneBQxScFnO-yaMbtX0f3zcipo5KZ92DtbGp3uEmFgJQsJ5BcQpr0RQkGy5gvBxQbFCqA18ZjZSfZa7VkjTyj-crt3ChEl2kG1cuRwcPvYo/s1600-h/RFE+FROM+HELL.JPG)
    Dear Director Mayorkas:

    Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.

    First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!

    Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.

    Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?


    I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.


    You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.


    So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.



    With all sincerity, I wish you the best of luck in your new position.






    https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)



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  • Nikith77
    10-05 03:03 PM
    I was trying to open a brokerage account with Bank Of America (Merrill Lynch) which was denied as it does not recognize EAD.
    The web site clearly says that you should be a citizen or a green card to open an account

    Did anyone opened it recently.




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  • talash
    07-19 05:03 PM
    Positive PPD just means u are exposed to TB is the past ans CXR confirms that u dont have active disease .Treatment in this case is only optional and patient has to decide if he or she wants to be treated for that .Only people with HIV of other immune def dieases must be treated for pos PPD.
    they should not ask any further qquestions if CXR ws negative .



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  • anurag
    02-12 02:12 PM
    Freakin_GC,

    I am in the same boat as you. My wife was born in another country besides India, hence the Cross Chargeability. However our (Wife and my) 485s have been filed already. I am not sure how to get into the ROW boat.

    All I can offer now is that I'll post whatever I hear from my lawyer. Let me know what you can find from your end.

    Regards,
    Anurag




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  • andr.in
    05-27 03:25 PM
    lmao! These are great!
    But the one fester made reminds me of the personal pages most estonians have! :P lol
    I can't decide! They all suck <-- lol First time i've ever said that meaning that something is done well!



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  • mirage41
    06-13 05:43 PM
    Going through a bill, usually in subcommittee, section by section, revising language, amending sections etc and reach a consensus

    Does that mean the bills could be changed further?




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  • praveenuppaluri
    04-08 06:29 PM
    U asked 2 basic questions and we already told you ,(1) you can find the members list yourself.. and (2) why do you need the list? what are you going to do with it??

    if you think your time is so precious that you don't want to answer the above.. sorry boss, be prepared to be disappointed.. again.. (may VB is just out).

    This is unreal !!.

    I just asked 2 basic questions AND i get reply completely irrelevant of those questions and i am the one who is being accused.



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  • waitingnwaiting
    01-19 12:32 PM
    Let us start a thread to list of EB3 Immigrants that have done well in USA.

    We always say Einstein or Noble prize winner names. But those people are EB2 or EB1. What about EB3 that is most backlogged. There will be lot of great people who came in this category. Let us find their names and list here.




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  • atul555
    12-14 10:57 PM
    My company is surplussing me among other employees to be laid off around Apr 2009.
    My case is as follows:
    Case EB3 India
    PD Mar 2004
    Labor and I-140 approved
    I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current

    Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.

    I am not sure which avenue is the best for me, I would appreciate your input.
    Thanks,



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  • MahaBharatGC
    10-13 11:45 AM
    But ksircar, instead of accepting can't we raise red flags to USCIS?
    This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.

    It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?




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  • radhagd
    03-09 04:21 PM
    Your EB3 application is still safe. You can use your current EAD.



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  • krustycat
    03-06 12:03 PM
    No actually its seems different from the receipt numbers which usually starts with SRC-xxxxxxxxxx

    This one seems different like : PIT-xxxxxxxxxxTSC

    It doesn't seems to work anywhere.

    It's a typical service request. They filed your claim.

    PIT = city in where you live (Pittsburgh maybe?)
    xxxxxxxxxx = 10 numbers for your reference
    TSC = Center processing your application or where you sent the original I-765.

    The claim gives they 60 days to get back to you with a reply. Usually is useless, they're only taking extra time to have you calmed.

    I've had my applications lost for 7 months. I filed a SR also. Nothing happened.
    I still have 4 applications lost from 12.




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  • belmontboy
    12-05 12:12 PM
    http://minx.cc/?post=279217

    you live your life dude, don't let any other M'fer control it!!!

    some LOSER! gave me a red for this post. The coward's comment was "is this how you talk to your mother...."

    What a jackass!!!
    Must be a terrorist sympathizer!!!




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  • seahawks
    06-26 09:07 PM
    Thank you, since it was something where the form was wrong, I have asked my attorney to respond, will post what he suggests, I just feel terrible that the onus is on us for not checking that USCIS. After all these years of wait, how can I over look this?




    newbie2020
    05-18 08:01 PM
    We should note that this bill was introduced in mid march and we didn't have any clue (including IV) sometimes chances of such bills may be easier to pass if the bill author chooses to include the provisions into another bill. Sometimes it better to stay low and get the provisions passed..;) ..... Overall i feel the provisions of this bill may get included into another one like 6039 or so

    Contacting the authors and seeking their support will surely benefit us,

    What do u guys think?




    kishdam
    03-19 12:16 PM
    I-140 withdrawal is not mandatory but it's good for both - employer and employee.

    Not sure how withdrawing an approved I140 is good for the employee??

    The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.



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