sath2000
07-17 04:33 PM
Hi,
Here is my issue regarding the PD.
My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.
In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.
At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.
thank you
Here is my issue regarding the PD.
My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.
In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.
At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.
thank you
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Alabaman
08-03 06:19 PM
Pardon my ignorance, how does labor substitution work and what is FIFO?
Marphad
04-20 02:08 PM
GCKaMaara is right, different people operate at different IQ level.
When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?
.
I can only laugh at you(r post).
When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?
.
I can only laugh at you(r post).
2011 Ø The gold rush made
shreekhand
09-15 11:55 AM
vdlrao,
Are you 100% sure that the data for calendar year 2005 includes the traditional labor certifications as well ? I did not see any in the txt file given on the DoL website for FY 2005.
Remember missing those out could mean missing huge numbers, I know several who filed from Jan 01, 2005 to just before PERM came into the picture in late March 2005.
Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
Are you 100% sure that the data for calendar year 2005 includes the traditional labor certifications as well ? I did not see any in the txt file given on the DoL website for FY 2005.
Remember missing those out could mean missing huge numbers, I know several who filed from Jan 01, 2005 to just before PERM came into the picture in late March 2005.
Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
more...
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.
jetflyer
06-02 10:51 AM
ss benefits when we retire is such a long way away ..who knows what the situation will be that time
You are so right that ss may not be there when we need, so we should raise voice today and fight for ourselves. We pay 40-45% of our hard earned money in tax, SS, medicare, insurance, etc. and then pay another 30% in housing... what left for us ? 25%??? is that what we work for ? even if you have your own paidoff house govt. want house tax 1-3% of current value of your house every year... what the heck. all this when we even don't get fair share of job market?
we must raise voice for NO SS, Medicare for H1b/EAD exactly same way as they say in job positing NO H1b/EAD - ONLY US Citizen/Green Card nee to apply, then yes ONLY US Citizen/Green Card holder need to pay SS + Medicare.
You are so right that ss may not be there when we need, so we should raise voice today and fight for ourselves. We pay 40-45% of our hard earned money in tax, SS, medicare, insurance, etc. and then pay another 30% in housing... what left for us ? 25%??? is that what we work for ? even if you have your own paidoff house govt. want house tax 1-3% of current value of your house every year... what the heck. all this when we even don't get fair share of job market?
we must raise voice for NO SS, Medicare for H1b/EAD exactly same way as they say in job positing NO H1b/EAD - ONLY US Citizen/Green Card nee to apply, then yes ONLY US Citizen/Green Card holder need to pay SS + Medicare.
more...
thecipher5
04-23 09:52 AM
Suresh,
I just sent you a pm regarding a similar situation I'd faced...
Contact me if you need more information.
thecipher5
I just sent you a pm regarding a similar situation I'd faced...
Contact me if you need more information.
thecipher5
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valuablehurdle
07-11 02:08 PM
See
www.canadaimmigrants.com
www.canadaimmigrants.com
more...
srikondoji
06-27 04:24 PM
I disagree. Christ still needs a passport and has to go through immigration check at port of entry to land in US. The easiest for HIM is to get an F-1 visa and then change to H1-B and apply a Green card.
Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p
Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p
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Macaca
06-27 06:52 AM
this depends on the number of approvals and not on the number of applications received. Even if there are tons of applications received, unless there are enough approvals happening simultaneously, dates would not retrogress in the middle of the month.
USCIS had approvals before dates moved. USCIS knows the number of such approvals.
These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.
USCIS had approvals before dates moved. USCIS knows the number of such approvals.
These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.
more...
srkamath
07-30 09:10 AM
this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.
Also, if they waste visa numbers this year, it would be really gross incompetence. EB2-India has gone all the way from 2000 to 2006 this year. They slack off at the start of the year, then scramble in the end. I dont know why they follow this approach knowing full well that right at the end it puts them in a soup.
This Ron Gotcher guy does not seem to get it.... he has an agenda, I dont buy his logic. It is unlikely that ~ 50 cases at consular posts are enough motivation to move dates forward by two years.
It took roughly one year for EB2-I dates to advance beyond April04 from the time it first got to April 04.
We know 2005 is a lean year.
It is likely that it will take almost a year before EB2-I dates advance beyond June06.
Those with PD < June06 that do not get a GC by Sep08 can expect to get it by Sep 09. Until then we will see some short term swings between 2003 and 2006.
Also, if they waste visa numbers this year, it would be really gross incompetence. EB2-India has gone all the way from 2000 to 2006 this year. They slack off at the start of the year, then scramble in the end. I dont know why they follow this approach knowing full well that right at the end it puts them in a soup.
This Ron Gotcher guy does not seem to get it.... he has an agenda, I dont buy his logic. It is unlikely that ~ 50 cases at consular posts are enough motivation to move dates forward by two years.
It took roughly one year for EB2-I dates to advance beyond April04 from the time it first got to April 04.
We know 2005 is a lean year.
It is likely that it will take almost a year before EB2-I dates advance beyond June06.
Those with PD < June06 that do not get a GC by Sep08 can expect to get it by Sep 09. Until then we will see some short term swings between 2003 and 2006.
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msp1976
02-18 10:19 AM
UnitedNations,
Your argument about immigrants favoring their kin for the employment based immigration is true...and you say that the USCIS would increase the scrutiny of each application...But it is a fact that a majority of our members, I would estimate 80% or more would very well stand up to a rigorous scrutiny...You see a lot of Indian coming in on EB immigration not because they have some kin here in US to sponsor them but because of the fact that there is a massive skills buildup in India as a effect of several favorable factors like...
1. a large education system producing a large number of graduates...
2. increased awareness in the population of the capability of technology wiping out their poverty...
3. large hungry young ambitious population who toughen up in cutthroat competition...
So I say let there be increased scrutiny.....If there are larger numbers allowed of EB immigrants even with rigorous scrutiny and prompt processing.....My particular group would emerge as a winner....
During my education in India I have gone through so much scrutiny, I am not afraid of any scrutiny any more....I welcome it.....
Now; some people may not like this posting. However; you need to have as much information as possible in order to strategize and talk to various decision makers. Some of them might sit there and listen to you but then when they start studying the situation they might come to know what I have posted here. if/when quota increases, it will probably be because when the intial 140,000 was set; the economy was at a different stage, population was at a different stage. The increase would probably just follow market realities (population is more then what it was when 140,000 was set and we need to adjust it accordingly).
Reply With Quote
When the cap is revised, I agree that 'the increase in net population' is one parameter in decision...
But that should not be the determining dominant parameter....
The dominant parameter should be the change in the US demographics and the needs of the US economy...Millions of baby boomers are gonna start retiring soon....The cap has to increase keeping that in mind....
The projections of manpower deficit due to demographic shift are in millions......
If you want to maintain the same standard of living, you have absolutely no option but to import more skilled labor....and lots of it.....
America is barely producing babies at replacement levels and between 2011 to 2032 ...... 77 million baby boomers( people born between 1946 to 1964) would need to retire or phase out involvement in active labor force....
http://www.teamncpa.org/main/news.php?ItemsID=165
Doggone illegal mexicans would not take care of your high end requirements ... That is just fact of life...Now you tell me how much the EB cap should be .....
I understand that Americans are concerned about their jobs and the whole argument... But look into the future...
If you stop this immigrant flow and I am not talking about the mexicans...Your standard of living would undergo revision on the great depression scale on the scale of 1930's depression....You would have economic contraction rather than expansion...This would become a country of old geezers dying of hunger......
Please forgive me for the harsh choice of words....But someone has to show you the mirror...
Your argument about immigrants favoring their kin for the employment based immigration is true...and you say that the USCIS would increase the scrutiny of each application...But it is a fact that a majority of our members, I would estimate 80% or more would very well stand up to a rigorous scrutiny...You see a lot of Indian coming in on EB immigration not because they have some kin here in US to sponsor them but because of the fact that there is a massive skills buildup in India as a effect of several favorable factors like...
1. a large education system producing a large number of graduates...
2. increased awareness in the population of the capability of technology wiping out their poverty...
3. large hungry young ambitious population who toughen up in cutthroat competition...
So I say let there be increased scrutiny.....If there are larger numbers allowed of EB immigrants even with rigorous scrutiny and prompt processing.....My particular group would emerge as a winner....
During my education in India I have gone through so much scrutiny, I am not afraid of any scrutiny any more....I welcome it.....
Now; some people may not like this posting. However; you need to have as much information as possible in order to strategize and talk to various decision makers. Some of them might sit there and listen to you but then when they start studying the situation they might come to know what I have posted here. if/when quota increases, it will probably be because when the intial 140,000 was set; the economy was at a different stage, population was at a different stage. The increase would probably just follow market realities (population is more then what it was when 140,000 was set and we need to adjust it accordingly).
Reply With Quote
When the cap is revised, I agree that 'the increase in net population' is one parameter in decision...
But that should not be the determining dominant parameter....
The dominant parameter should be the change in the US demographics and the needs of the US economy...Millions of baby boomers are gonna start retiring soon....The cap has to increase keeping that in mind....
The projections of manpower deficit due to demographic shift are in millions......
If you want to maintain the same standard of living, you have absolutely no option but to import more skilled labor....and lots of it.....
America is barely producing babies at replacement levels and between 2011 to 2032 ...... 77 million baby boomers( people born between 1946 to 1964) would need to retire or phase out involvement in active labor force....
http://www.teamncpa.org/main/news.php?ItemsID=165
Doggone illegal mexicans would not take care of your high end requirements ... That is just fact of life...Now you tell me how much the EB cap should be .....
I understand that Americans are concerned about their jobs and the whole argument... But look into the future...
If you stop this immigrant flow and I am not talking about the mexicans...Your standard of living would undergo revision on the great depression scale on the scale of 1930's depression....You would have economic contraction rather than expansion...This would become a country of old geezers dying of hunger......
Please forgive me for the harsh choice of words....But someone has to show you the mirror...
more...
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BharatPremi
12-14 02:48 PM
Yes BP, in that case Britain too will be oversubscribed just like IN,CH,MXa and PH.
7% ceiling applies to all the countries not just the ones that happen to be oversubscribed now.
So that interprets to "7% limit for every country" - seems to be "Equality"
7% ceiling applies to all the countries not just the ones that happen to be oversubscribed now.
So that interprets to "7% limit for every country" - seems to be "Equality"
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WAIT_FOR_EVER_GC
07-21 02:13 PM
Please for GOD SAKE understand that this is an immigration Portal.
Not a fish market where we can discuss the prices of item at different stores.
Please stop this Admin
Not a fish market where we can discuss the prices of item at different stores.
Please stop this Admin
more...
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sriramkalyan
01-13 07:55 PM
My take is BODY SHOPPING is killed.
H1Bs can work at direct employer or as an employee of direct vendor at off site.
No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.
Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..
H1Bs can work at direct employer or as an employee of direct vendor at off site.
No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.
Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..
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hopefulgc
02-13 05:27 PM
With that recapture ... how nice would it be to see the PD date for EB3 china in Jan 2008 and that for Eb3 India in Dec 2007
This can all happen if we take the stand.
Otherwise, we can all see our hairs gryaing with PDs in 2001 and 2002.
See extract from Ombudsman's report
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check).
This can all happen if we take the stand.
Otherwise, we can all see our hairs gryaing with PDs in 2001 and 2002.
See extract from Ombudsman's report
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check).
more...
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Jerrome
09-25 02:53 PM
I don't think in any year EB2ROW has got 40K GC in the past, even when the economy was in good shape.
Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.
The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.
using following report
NAFSA | Resource Library | Selected PERM Program Statistics - Jan 2009 (http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/selected_perm_program)
http://www.nafsa.org/uploadedFiles/selected_perm_program.pdf?n=2558
Using the report from 12/31/2008 (did not find a newer report)
PERM received: 20,752 (18,863 electronic; 1,889 mail-in)
PERM completed: 4,571 (3,074 certified; 1,328 denied; 169 withdrawn)
PERM pending : 53200
For next 3 quarters we assume they receive 10K applications and approve 5k each quarter we get PERM pending (53200 + 3 * 10k - 3 * 5k) = 68K pending PERM.
For this 68K, i am expecting 30% from India and 10% from China and 20% from EB3-ROW. We get 27K EB2 ROW PERM pending.
If 70% of them are approved and apply for I-485 with 1.2 dependent we get approx 40K I-485 applications in EB2-ROW.
So in case all PERM backlog is removed we will get 40K more EB2-ROW applications. Worst case scenario.
Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.
The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.
using following report
NAFSA | Resource Library | Selected PERM Program Statistics - Jan 2009 (http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/selected_perm_program)
http://www.nafsa.org/uploadedFiles/selected_perm_program.pdf?n=2558
Using the report from 12/31/2008 (did not find a newer report)
PERM received: 20,752 (18,863 electronic; 1,889 mail-in)
PERM completed: 4,571 (3,074 certified; 1,328 denied; 169 withdrawn)
PERM pending : 53200
For next 3 quarters we assume they receive 10K applications and approve 5k each quarter we get PERM pending (53200 + 3 * 10k - 3 * 5k) = 68K pending PERM.
For this 68K, i am expecting 30% from India and 10% from China and 20% from EB3-ROW. We get 27K EB2 ROW PERM pending.
If 70% of them are approved and apply for I-485 with 1.2 dependent we get approx 40K I-485 applications in EB2-ROW.
So in case all PERM backlog is removed we will get 40K more EB2-ROW applications. Worst case scenario.
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_TrueFacts
09-04 02:11 PM
I have no words to say about this incident.
I am glad that we have one less bad guy..more to go.
gimme_GC2006,
Completely agree with you. Also, notice that, this has became a trend in all states
UP: Mayawati
TN: M. Karunanidhi and Jaya Lalitha
Bihar: Laloo; Started with this guy
AP: YSR has taken corruption to new heights with factionism, gunda giri, land grabing( We see a IMV member directly affected)
and many more...and who is encouraging all these..corrupt Congress leaders in the Central administration.
I am glad that we have one less bad guy..more to go.
gimme_GC2006,
Completely agree with you. Also, notice that, this has became a trend in all states
UP: Mayawati
TN: M. Karunanidhi and Jaya Lalitha
Bihar: Laloo; Started with this guy
AP: YSR has taken corruption to new heights with factionism, gunda giri, land grabing( We see a IMV member directly affected)
and many more...and who is encouraging all these..corrupt Congress leaders in the Central administration.
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_TrueFacts
09-05 01:10 PM
May be YSR came to power just to lose his life. Good for him and YSR got what he deserved, even dogs do not get that death, the worst sinners get it.
Andhra Jyothy Telugu News Paper Online edition published from Andhra Pradesh, India (http://www.andhrajyothy.com/latestmainshow.asp?qry=/2009/sep/5new60)
That entire family and followers like you are infested with barbaric thoughts. I hope it brings an end to his Son as well.
Why should one have sympathy on a criminal? Do you have sympathy on Kasab, Saddam, Hitler? Do you know my caste, do you know where in AP I come from?
Do you know what he did to Kotla Vijay Bhaskar Reddy, P.Janardhan Reddy. This gunda YSR was involved in large scale communal violence in Hyderabad, just to get into power by denigrating then CM Marri Chenna Reddy Reddy (Dec 1990) and was upset when Nedurumalli Janardhan Reddy was made CM. More then 400 innocent people were killed who have nothing do with YSR . Caste, religion are excuses by people like you to support that barbaric YSR.
Link: Congress and the Hyderabad riots of 1990 : Black Beak blogs on sulekha, General blogs, Black Beak blog from india (http://black-beak.sulekha.com/blog/post/2007/12/congress-and-the-hyderabad-riots-of-1990.htm)
YSR a mass murderer beyond redemption
Being a Christian CM, why is he involved in TTD activities?
Y.S.R used his position to bring Christian institutions into the decision making loop of the TTD. There was a huge surge of churches along the roads leading to the holy shrine and a recent auction of Hindu temple land on Tirumula Hills.
Link: IntelliBriefs: Tirumala Lands to Church : Intelligence (http://intellibriefs.blogspot.com/2005/07/tirumala-lands-to-church-intelligence.html)
All posters and readers go through the links to see the facts yourself.
Few More:
From TOI: Democracy as mafia warfare - All That Matters - Sunday TOI - NEWS - The Times of India (http://timesofindia.indiatimes.com/articleshow/msid-782107.cms)
From http://timesofindia.indiatimes.com/opinions/782107.cms#top0 (http://timesofindia.indiatimes.com/opinions/782107.cms#top0)
Andhra Jyothy Telugu News Paper Online edition published from Andhra Pradesh, India (http://www.andhrajyothy.com/latestmainshow.asp?qry=/2009/sep/5new60)
That entire family and followers like you are infested with barbaric thoughts. I hope it brings an end to his Son as well.
Why should one have sympathy on a criminal? Do you have sympathy on Kasab, Saddam, Hitler? Do you know my caste, do you know where in AP I come from?
Do you know what he did to Kotla Vijay Bhaskar Reddy, P.Janardhan Reddy. This gunda YSR was involved in large scale communal violence in Hyderabad, just to get into power by denigrating then CM Marri Chenna Reddy Reddy (Dec 1990) and was upset when Nedurumalli Janardhan Reddy was made CM. More then 400 innocent people were killed who have nothing do with YSR . Caste, religion are excuses by people like you to support that barbaric YSR.
Link: Congress and the Hyderabad riots of 1990 : Black Beak blogs on sulekha, General blogs, Black Beak blog from india (http://black-beak.sulekha.com/blog/post/2007/12/congress-and-the-hyderabad-riots-of-1990.htm)
YSR a mass murderer beyond redemption
Being a Christian CM, why is he involved in TTD activities?
Y.S.R used his position to bring Christian institutions into the decision making loop of the TTD. There was a huge surge of churches along the roads leading to the holy shrine and a recent auction of Hindu temple land on Tirumula Hills.
Link: IntelliBriefs: Tirumala Lands to Church : Intelligence (http://intellibriefs.blogspot.com/2005/07/tirumala-lands-to-church-intelligence.html)
All posters and readers go through the links to see the facts yourself.
Few More:
From TOI: Democracy as mafia warfare - All That Matters - Sunday TOI - NEWS - The Times of India (http://timesofindia.indiatimes.com/articleshow/msid-782107.cms)
From http://timesofindia.indiatimes.com/opinions/782107.cms#top0 (http://timesofindia.indiatimes.com/opinions/782107.cms#top0)
hydboy77
06-04 01:36 PM
As JSB pointed out what you are asking already exists with an EAD, 180 days after filing 485 you can leave your current employer and join a new company as long as it is a same\semilar job. The problem with this same or semilar job is it is a ticking time bomb, the day USCIS decides to go after EAD they can have a restrictive interpretation of same and semilar job and deny your 485 or they can keep sending you employment verification letter rfe every couple of months. I am not being paranioid, for example even though AC 21 clearly states that once 180 days have passed since the 485 has been applied, the employee can join a new job and even if the previous employer has revoked the approved 140 it should not effect the 485 petition, but USCIS is not following this law and blindly sending 485 denial notices to applicants whose approved i140 was revoked by previous employer. Who knows what sort of abuse will USCIS resort to in the future against EAD.
To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.
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.
To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.
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.
eb2_mumbai
09-28 10:48 AM
I have a few questions of guru's on this forum.
What made USCIS change the rules of spill over from EB3 to EB2. We all know that rules changed in 2007 but I am not sure what prompted USCIS to make the change was it AILA or IV or just internal USCIS review?
The reason I ask this question is when I was looking at the EB3 thread there were lots of people especially with PD between 2001 & 2004 who feel they can start a campaign to revert this spill over decision to pre 2007 criteria. I am neither opposing them nor supporting them but I want to understand the reasons the changes were made.
At this moment I feel their appeal is more at emotional level rather than having a sound resoning. Its like we are waiting since 8 years so please assign us these spillover numbers. But I do not feel that will cut ice with CIS. We need to work for visa recapture but till this spilover thing is put to rest no one will concentrate on recapture
What made USCIS change the rules of spill over from EB3 to EB2. We all know that rules changed in 2007 but I am not sure what prompted USCIS to make the change was it AILA or IV or just internal USCIS review?
The reason I ask this question is when I was looking at the EB3 thread there were lots of people especially with PD between 2001 & 2004 who feel they can start a campaign to revert this spill over decision to pre 2007 criteria. I am neither opposing them nor supporting them but I want to understand the reasons the changes were made.
At this moment I feel their appeal is more at emotional level rather than having a sound resoning. Its like we are waiting since 8 years so please assign us these spillover numbers. But I do not feel that will cut ice with CIS. We need to work for visa recapture but till this spilover thing is put to rest no one will concentrate on recapture
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