eb3_nepa
10-23 11:34 AM
Hello everyone.
I was wondering if someone could point me to how exactly labor substitution works.
Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.
If someone has any article on labor substitution and how it works please post it on here.
I was wondering if someone could point me to how exactly labor substitution works.
Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.
If someone has any article on labor substitution and how it works please post it on here.
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oliTwist
06-14 12:44 PM
For most of the ppl with hateful comments, Reality sucks and bites back. I agree with dilip and unfortunately, among billions voices and opinions dont matter. Just brutal personal attacks.
That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).
If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).
Grow up folks.
That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).
If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).
Grow up folks.
gc_chahiye
06-27 10:42 PM
Are you sure about 80000 PERM?
I recall seeing somewhere that for the entire 2006, there were about 6000 PERMs.
nope, that might have been the number for 2005. For the bulk of 2005 (Perm started from April) there were very few approvals, then a big bunch in the last 2 months. 2006 had a 'healthy' rate of approvals...
I recall seeing somewhere that for the entire 2006, there were about 6000 PERMs.
nope, that might have been the number for 2005. For the bulk of 2005 (Perm started from April) there were very few approvals, then a big bunch in the last 2 months. 2006 had a 'healthy' rate of approvals...
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Rb_newsletter
01-15 09:40 PM
1. About 100,000 or may be many times that number (I do not know) of L1 workers are brought to work to the USA? Do they realize that there is NO quota limit for L1?
2. How the L1A visa is misused in the guise of the so called "International transfer" to file for GC under EB1 category?
3 That many of the Indian / foreign firms no longer prefer to sendi their employees on H1 as they can send plane loads of L1 without any hitch?
I just wanted to share the info that I know and I am not in L1.
They started cracking down L1s long before. Denials of L1 started atleast a year before. Nowadays some companies don't even apply for L1 extension from onsite. Because they know it will be denied. They apply extensions only after candidate goes back to home country.
But let us not hate each other among ourselves between L1, H1, F1 etc. At the end anyone is applying for L1/H1/F1 because there is a provision and it is completely legal.
2. How the L1A visa is misused in the guise of the so called "International transfer" to file for GC under EB1 category?
3 That many of the Indian / foreign firms no longer prefer to sendi their employees on H1 as they can send plane loads of L1 without any hitch?
I just wanted to share the info that I know and I am not in L1.
They started cracking down L1s long before. Denials of L1 started atleast a year before. Nowadays some companies don't even apply for L1 extension from onsite. Because they know it will be denied. They apply extensions only after candidate goes back to home country.
But let us not hate each other among ourselves between L1, H1, F1 etc. At the end anyone is applying for L1/H1/F1 because there is a provision and it is completely legal.
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John333
07-15 06:40 AM
Dear Attorney,
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
PlainSpeak
01-13 01:24 PM
Sorry about the mutiple posting. I had issues posting that and for a second i thought IV has booted me out.
Guys if you give me some time i wil lreply back to each and everyone. I am after all a single gal with only 2 hands and please if you want to make some comments about ladies please do so in good taste:D
Guys if you give me some time i wil lreply back to each and everyone. I am after all a single gal with only 2 hands and please if you want to make some comments about ladies please do so in good taste:D
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_TrueFacts
09-16 09:26 PM
Hey _TrueFacts,
Will you stop the caste based shit here. F**k you a** yourself idiot. You are so called senior member shitting here idiot.
GCmuddu_H1BVaddu,
I ask the same question as asked by others. Is YSR your father or did he fathered you? If you like him, keep it to yourself otherwise prove that all facts posted by me are wrong ?
If you rant on me, you only make fool of yourself...by the way I can rant on you too.
Will you stop the caste based shit here. F**k you a** yourself idiot. You are so called senior member shitting here idiot.
GCmuddu_H1BVaddu,
I ask the same question as asked by others. Is YSR your father or did he fathered you? If you like him, keep it to yourself otherwise prove that all facts posted by me are wrong ?
If you rant on me, you only make fool of yourself...by the way I can rant on you too.
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lotsofspace
02-13 11:48 PM
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
can you also please care to do the percentage with total applicants ?
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
can you also please care to do the percentage with total applicants ?
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whatamidoinghere
02-22 04:26 AM
Looks like lot of data is available for us to crunch on:
Labor certifications from 2000 to 2006
http://www.flcdatacenter.com/CasePerm.aspx
H1Bs issued from 2002 to 2006
http://www.flcdatacenter.com/CaseH1B.aspx
Hopefully using this data we can get some rough prediction on cutoff date movement. I'm going to spend the coming weekend on this.
Labor certifications from 2000 to 2006
http://www.flcdatacenter.com/CasePerm.aspx
H1Bs issued from 2002 to 2006
http://www.flcdatacenter.com/CaseH1B.aspx
Hopefully using this data we can get some rough prediction on cutoff date movement. I'm going to spend the coming weekend on this.
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gimmeacard
08-02 01:07 AM
Any ways, it is not going to stop me from having fun here. Any body with more interested stories to keep people informed and entertained till they get gc. Too much predicting would kill the mood. To be motivated u need some fun too.
so i got tricked this time, in checkout lane met some guy with his kid, started chatting casual nuthing on those bombay guy or other stuff which amway uses, finally he stated that he knows of some folks that have their business here in fremont,ca he is planning to see how they operate, i assumed business means some store related or so, since he didnt seem like an IT guy .
next day get a call, i ask him if its quickster, n he says u heard of it...why wife started laughing @ me, saying u got tricked this time, normally i wud recognise these guys in 1look
so i got tricked this time, in checkout lane met some guy with his kid, started chatting casual nuthing on those bombay guy or other stuff which amway uses, finally he stated that he knows of some folks that have their business here in fremont,ca he is planning to see how they operate, i assumed business means some store related or so, since he didnt seem like an IT guy .
next day get a call, i ask him if its quickster, n he says u heard of it...why wife started laughing @ me, saying u got tricked this time, normally i wud recognise these guys in 1look
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grupak
12-13 03:45 PM
Then fight for changing that constitutinality. Who made it? Why did they make it the way the made it? Slavery was supported legally way back.. If black community might have thought " They do not have a case" as somebody has created the constitution to suit their own need and "within the framework of that legality" "they do not have a case"... then still we may be seeing slaves around.
I understand your point that we are not yet "citizens"... but for many fair practices society must not differentiate.
BharatPremi, as I explained to at0474, I don't see how we can fight a law in a court (maybe we can). If a law is not implemented then we can get justice from the courts.
For changing the law, we as IV lobby congress and meet lawmakers. This is a different issue from the intent of the OP which was to challenge the legality of country quota. Seems like country quota is within the law.
I think even as non-citizens we can meet lawmakers and past experience (not IV related) suggest they will listen.
I understand your point that we are not yet "citizens"... but for many fair practices society must not differentiate.
BharatPremi, as I explained to at0474, I don't see how we can fight a law in a court (maybe we can). If a law is not implemented then we can get justice from the courts.
For changing the law, we as IV lobby congress and meet lawmakers. This is a different issue from the intent of the OP which was to challenge the legality of country quota. Seems like country quota is within the law.
I think even as non-citizens we can meet lawmakers and past experience (not IV related) suggest they will listen.
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gclove
12-30 08:31 PM
If the numbers are re-captured and EB rules little liberalized, assuming each H1b visa holder waiting for status adjustment spends an amount of $250,000 on a house, the total economic activity for 500,000 H1b visa holders will be $125b. This much money will come back to US, because most of us are either investing in our home countries or elsewhere but not in buying a house in the US. So, if this point is brought to the notice of the Congress members, they may take favorable steps to help.
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samay
07-30 04:24 PM
Hello Samay,
First of all thank you so much for answering my questions.
In my LCA(H1B) Prevailing wage is mentioned $ 55K & in my Labor(PERM) application Prevailing wage is mentioned $ 65K.
My labor(PERM) has been approved & I-140 is in process at TSC.
My question is
This diffrence between LCA mentioned prevailing wage(i.e. $55K) & Labor(PERM) prevailing wage(i.e. $65K) going to create any problem at stage of I-140 or later in I-485??
I am getting paid as mentioned in LCA i.e. $55K.
I will greatly appreciate response.
Thanks.
Both these are separate processes and note that the I-140 is for a future job.So relax.
First of all thank you so much for answering my questions.
In my LCA(H1B) Prevailing wage is mentioned $ 55K & in my Labor(PERM) application Prevailing wage is mentioned $ 65K.
My labor(PERM) has been approved & I-140 is in process at TSC.
My question is
This diffrence between LCA mentioned prevailing wage(i.e. $55K) & Labor(PERM) prevailing wage(i.e. $65K) going to create any problem at stage of I-140 or later in I-485??
I am getting paid as mentioned in LCA i.e. $55K.
I will greatly appreciate response.
Thanks.
Both these are separate processes and note that the I-140 is for a future job.So relax.
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BharatPremi
07-13 02:04 AM
And Do you (canadian wanna be) have any clue that to get respected salary and position you will be forced by illiterate Canadians to have "Professional Engineering Certificates"... It will suck blood out of your body for 5 years... So just do not read "Greener Side" of Canadian Immigration... I know it may not be applicable to all but more or less most of will have to face the same music in their careers. My all Canadian friends and relatives want to be Americans.. Only some of them practically could proceed for that.. After some stage of life it becomes hard to move families.. That is the reason they are facing now to take decision and simultaneously do not want to live in Canada anymore.. If you have 101 fever it will take 1 month to have Doctor's appointment... GST.. Higher taxes.. statistically there are chances "Most of members of this forum - Canadian Wanna Be" will have less promotions and/or increments in salary eventhough they will find themselves most skilled wherever they will work. Top posts would be the dream for most of you guys unless you start your own business.. if you understand what I am trying to tell... In USA it is not that way.... Having said this I can not say that everybody will experience the same what I am trying to portray but most fo them will.
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oomshiva
07-03 05:15 PM
http://www.foxnews.com/wires/2007Jul02/0,4670,ImmigrationGreenCards,00.html
Legal Workers Lose Chance at Green Cards
Monday, July 02, 2007
By SUZANNE GAMBOA, Associated Press Writer
E-MAIL STORY PRINTER FRIENDLY VERSION
WASHINGTON � Legal immigrants hoping to be first in line for employer-sponsored green cards lost time and money when the government suddenly announced Monday that no new applications would be taken until the fall, a lawyers group said.
Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers. It sometimes takes years for applicants to get those numbers.
The announcement meant that as early as Monday, Citizenship and Immigration Services would begin accepting applications. The applications are hefty, requiring medical exams, a lot of documentation and the applicant's presence in the United States.
But an update on the State Department Web site posted Monday said 60,000 such numbers were no longer available because of "the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month."
(Story continues below)
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The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
The State Department has been flooded with passport applications since new rules went into effect in January requiring passports for air travelers returning from the same destinations. The resulting backlog has caused delays of up to three months for passports and ruined or delayed the travel plans of thousands of people.
A spokesman at the State Department declined to comment.
Williams said several workers within Citizenship and Immigration Services told her and other lawyers that the agency had staffers working through the weekend to resolve pending cases. She said several lawyers reported getting phone calls from the agency with questions about applications when normally that happens by mail.
Chris Rhatigan, spokeswoman for Citizenship and Immigration Services, denied the weekend work occurred or that there was a push to use up the visa numbers. She said the agency had pending cases from previous months.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
___
On the Net:
State Department: http://www.state.gov/
Citizenship and Immigration Services: http://www.uscis.gov
Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Legal Workers Lose Chance at Green Cards
Monday, July 02, 2007
By SUZANNE GAMBOA, Associated Press Writer
E-MAIL STORY PRINTER FRIENDLY VERSION
WASHINGTON � Legal immigrants hoping to be first in line for employer-sponsored green cards lost time and money when the government suddenly announced Monday that no new applications would be taken until the fall, a lawyers group said.
Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers. It sometimes takes years for applicants to get those numbers.
The announcement meant that as early as Monday, Citizenship and Immigration Services would begin accepting applications. The applications are hefty, requiring medical exams, a lot of documentation and the applicant's presence in the United States.
But an update on the State Department Web site posted Monday said 60,000 such numbers were no longer available because of "the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month."
(Story continues below)
Advertise Here
Advertisements
The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
The State Department has been flooded with passport applications since new rules went into effect in January requiring passports for air travelers returning from the same destinations. The resulting backlog has caused delays of up to three months for passports and ruined or delayed the travel plans of thousands of people.
A spokesman at the State Department declined to comment.
Williams said several workers within Citizenship and Immigration Services told her and other lawyers that the agency had staffers working through the weekend to resolve pending cases. She said several lawyers reported getting phone calls from the agency with questions about applications when normally that happens by mail.
Chris Rhatigan, spokeswoman for Citizenship and Immigration Services, denied the weekend work occurred or that there was a push to use up the visa numbers. She said the agency had pending cases from previous months.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
___
On the Net:
State Department: http://www.state.gov/
Citizenship and Immigration Services: http://www.uscis.gov
Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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rghangrekar
02-13 10:26 AM
I cannot agree more with the posts from lord_labaku and kuhelica2000. In 2000, during the startup boom I used to work with so-called "experts" in say java that would have a inflated resume, but absolutely no knowledge of what is happening. I am sure based on how their resume was structured, all of them are in the EB2 queue (I am in EB3 BTW). Last year in Nov, a group of us were talking about GC wait times when a friend who was about to apply for labor quoted..."but I do not need to worry, I am applying in Eb2". I have seen posts on this site where people have solely focussed on EB2. If EB2 becomes current, then these dudes would stop supporting IV....
Removing the limited quota per country seems to be the ideal solution. But it would help if we do not focus only on the category our application is in. It would help if , after some of us get our GC, we still continue our support for IV.
Removing the limited quota per country seems to be the ideal solution. But it would help if we do not focus only on the category our application is in. It would help if , after some of us get our GC, we still continue our support for IV.
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eastindia
01-19 10:08 AM
Question to everyone criticizing consulting companies
If you have a choice to have a EB3 2001 PD/EB2 2003 PD substitute labor from a consulting company, what will you do?
Will you not want to contact them and file your greencard through them?
So stop this bullshit about criticizing consulting companies. There are real human beings working in this those companies. Just because you do not work in consulting companies does not give you any right to post negative about them.
If you have a choice to have a EB3 2001 PD/EB2 2003 PD substitute labor from a consulting company, what will you do?
Will you not want to contact them and file your greencard through them?
So stop this bullshit about criticizing consulting companies. There are real human beings working in this those companies. Just because you do not work in consulting companies does not give you any right to post negative about them.
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Macaca
01-28 09:11 AM
This info is useful to novices for survival. Like many other postings, I had never heard about it.
I feel the legislators are aware of these issues. These are the reasons our bill is having trouble. It is useful to be aware of them and see how we can counteract them in legislation.
I feel the legislators are aware of these issues. These are the reasons our bill is having trouble. It is useful to be aware of them and see how we can counteract them in legislation.
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arunmohan
10-09 04:07 PM
Group:
Please send this letter, It is just 5 minutes job. We should add US Secretary of the Treasury, Mr Henry Paulson.
I think we should send a hard copy too, If you send a hard copy of the letter, you receive the response for sure.
They should give us a condtional GC that if you buy a house in a year then your conditional GC would be a permanent otherwise it will be rejected after one year.
Please send this letter, It is just 5 minutes job. We should add US Secretary of the Treasury, Mr Henry Paulson.
I think we should send a hard copy too, If you send a hard copy of the letter, you receive the response for sure.
They should give us a condtional GC that if you buy a house in a year then your conditional GC would be a permanent otherwise it will be rejected after one year.
harikris
05-30 11:56 PM
Belmontboy ..Thanks for the same ..as I said earlier any campaign should highlight the positive aspects of legal immigration ..fighting over EB1 misuse is not going to help. I am a prospective home buyer and in the last few months, I met 8 buyer / seller agents ..they are literally sweating for any business ...at the very least let us show the positive contribution that immigrants have for the housing and other related economy (which is massive in terms of $$$$$). I am sure everyone will agree that this is better than fighting over EB1 misuse and fighting amongst ourselves
1. If there are half a million people stuck in the immigration system, atleast half of them would be Mr. Hiralal-types whose buying potential could be between 150K$ to 250K$. That's an average of 50 Billion $s
2. If Mr. Hiralal-types bought a house today, that would dry out the foreclosure inventories for precisely one month. If all the EB immigrants were to buy a home, that would stem help for two months at the current supply rate of homes piling to the inventory.
How would the policy-makers look at these numbers?
Let's keep Hiralal's point as one of the several reasons for pushing for reform. But, the broader perspective is to reform the way the Govt. processes immigrant application. We should strive for permanent solutions - removing of country quota and make it true capitalist nature - let supply and demand dictate who can get in and how many can get in. If diversity is the reasoning for country quota, then India should be given 25 times 7 which is 175% because we are 25 counties put in one.
Economic situations and foreclosures are all fleeting effects. While we can leverage on these facts our argument for reform should not be based on variants.
1. If there are half a million people stuck in the immigration system, atleast half of them would be Mr. Hiralal-types whose buying potential could be between 150K$ to 250K$. That's an average of 50 Billion $s
2. If Mr. Hiralal-types bought a house today, that would dry out the foreclosure inventories for precisely one month. If all the EB immigrants were to buy a home, that would stem help for two months at the current supply rate of homes piling to the inventory.
How would the policy-makers look at these numbers?
Let's keep Hiralal's point as one of the several reasons for pushing for reform. But, the broader perspective is to reform the way the Govt. processes immigrant application. We should strive for permanent solutions - removing of country quota and make it true capitalist nature - let supply and demand dictate who can get in and how many can get in. If diversity is the reasoning for country quota, then India should be given 25 times 7 which is 175% because we are 25 counties put in one.
Economic situations and foreclosures are all fleeting effects. While we can leverage on these facts our argument for reform should not be based on variants.
hiralal
05-31 12:51 AM
I agree but complete removal of county quota is almost impossible ...diversity is just a name !!! US political system in super advanced in many ways(US contitution was written centuries ago and is much better than Indian ..remember the foreigner becoming PM issue and multi party mess that India has) ..my guess would be that country quota limits were introduced to prevent one country nationals from becoming a eventual majority . ofcourse the migration from south Am is another issue)
and hence a better bet would be recapture ..
and hence a better bet would be recapture ..