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  • ilwaiting
    04-09 11:46 AM
    Yes you are correct. Employee has nothing to do with the Abuse. More over most of the employers have nothing to do with the abuse as well. Lawmakers must get their facts straight before imposing such foolish laws.


    Pete, I am myself a manager at a leading company and do not fit into the typical "consultant" profile.

    That does not mean I want more shackles on myself because I feel someone is abusing the system. If someone (employers) are abusing the system, go after them - why do you want to go after the employee who, in a lot of cases, has nothing to do with the abuse?

    In fact, if this bill passed in its current form, it will probably not affect me but I will still oppose the bill - why, because it goes against my fundamental belief of freedom of movement. If the senators want to reform the system, may I ask

    1. Why prevent H1Bs from joining legitimate consulting companies such as Deloitte, IBM, BCG etc

    2. Why should H1B's pay Social security and medicare when they are "temporary" and do not get a dime back?

    Think of the bigger picture and then about your own objectives - I am sure you are a well educated person and you will understand the consequences of arbitrary decision making based on vested interests.




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  • vdixit
    03-28 01:35 PM
    mariner5555
    Nope I am not a realtor. Just another EB2 person stuck in the never ending battle for GC. I can see your points, but financial hardships dont exactly change with GC. In this economy a GC is no guarantee for a job part-time or full-time.
    The house I am talking about was in a metropolitian area so probably thats why we didnt have too much trouble selling it. Selling it was very important since we were moving out of state for jobs. So perhaps I didnt ask for too high a price-no loss however, just not the 150k profits people had seen before the crash.
    I totally agree that house is a long term commitment and that location, the timing and the place you find yourself in your life are the most imp things. But I still refuse to believe that not having a GC should stop someone from simple pleasures of living such as owing a house to raise your family in.
    Just my 2 cents.




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  • h1techSlave
    01-09 12:28 PM
    If a Muslim attacks you and if you cry, then YOU are a problem maker. You will be considered to be anti-muslim. This has been going on in many countries including India/pretty much all Western countries etc. Our admins are also following the same strategy. Buddy, please get used it.


    I did report to admin, they didn't take any action to the guy send the vulgar messages. Now warning the people copy pasted them.!!!!
    funny world!!!!!!!!!!!!!!!




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  • qasleuth
    03-23 05:23 PM
    Got it. So, if OP does not provide contracts, sends in his reply and if his 485 app gets denied saying all the docs asked in the 'novel RFE' were not provided, then he can 'apply' under 245(k) ?
    Two different things -
    Legal Status to be shown from last entry for I-485 approval under 245(k). Actually the out of status days could be as much as 180 calendar days. However, USCIS can ask any information to verify any data on Form G-325a (http://www.uscis.gov/files/form/g-325a.pdf) (Biographic Information). One of the important info is Employment History.



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  • h1bmajdoor
    07-07 08:59 PM
    Hi,

    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.



    there's a clause somewhere that if you don't get EAD in 90 days you can go to the local USCIS officer and get a temporary EAD.

    Other than that, pray to you favourite god.

    money, lawyers and god are useful to have on your side.




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  • Pagal
    03-23 05:39 PM
    Hello,

    I had similar calls two times from IO so far...first to ask for documents (which I sent last month) and second on past Saturday to ask if I could come to the office to give new fingerprints (as the old ones have expired).

    It is nice to see USCIS becoming more proactive...all the best!



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  • xyzgc
    01-06 03:19 PM
    Another muslim hater who justify organized crime and killing and support the killing of innocent school kids and civilians.

    Hiding behind civilians and schools and mosques???? Don't you hear the same lie again and again year over year? If Hamas is using school kids as thier shield, then how do you think Palestenian people have elected the same people who cause their kids death rule their country?

    Don't you think?

    Nope, we hate innocent civilians being killed. Your point also seems valid. Don't know whether the attack was targeted towards civilians or not. I am hoping not.
    Having said that, Hamas must stop terrorism. If India reacts like Israel there is good chance innocents may get killed in Pakistan. There is always some collateral damage.




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  • jungalee43
    07-28 03:19 PM
    The most likely scenario next year is Republican House and Dem senate with lower seat difference. This is a disaster for any type of immigration. Senate would be only pro-illegal and house against any kind of immigration.
    On top of it the only political agenda would be 2012 Presidential election. So 2011-2012 are No-No years for anything good on immigration.
    On the other hand you can expect several anti-immigration bills passing with more and more venom in each bill as the clock ticks and enforcement drive firing on all cylinders.



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  • shsk
    07-13 01:42 AM
    I am in for it, a very great initiative.
    But would request to check with IV first on this




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  • Macaca
    02-15 10:37 AM
    First 2 paras from Justice Official Bought Vacation Home With Oil Lobbyist (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/14/AR2007021401913.html), By Susan Schmidt and James V. Grimaldi, Washington Post Staff Writers, Thursday, February 15, 2007

    A senior Justice Department official who recently resigned her post bought a nearly $1 million vacation home with a lobbyist for ConocoPhillips months before approving consent decrees that would give the oil company more time to pay millions of dollars in fines and meet pollution-cleanup rules at some of its refineries.

    Sue Ellen Wooldridge, former assistant attorney general in charge of environment and natural resources, bought a $980,000 home on Kiawah Island, S.C., last March with ConocoPhillips lobbyist Don R. Duncan. A third owner of the house is J. Steven Griles, a former deputy interior secretary, who has been informed he is a target in the federal investigation of Jack Abramoff's lobbying activities.



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  • raysaikat
    07-13 11:23 AM
    Who has the authority to set the spillover mode ? (Vertical vs Horizonal)

    I read in some immigration forum that USCIS/DOS has switched between these at will in the past.

    No one, actually. It is supposed to be set by the law (congress), but apparently the law is not clear about the exact steps. So USCIS "interprets" the law to supply the missing details. In this case, by consultation with congress (administration? House/Senate officials?) and reading the "intent" of the law more carefully, they have arrived at the conclusion that the spill-over visas must go in the horizontal direction.

    The current interpretation is the sensible one, IMHO, if the word "preference" is to mean anything.




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  • CreatedToday
    01-07 03:13 PM
    What are they? :D

    http://justifythis.blogspot.com/2006/05/pervert-prophet_12.html

    Warning : Watching this video may lead some into a state of denial, or even rage. If you are easily offended by creative depictions, then don't watch. For everyone else, enjoy :

    I didn't know Narendra Modi is a muslim. I didn't know those are committing genocide in Palestine are muslims. I didn't know those who attacked Iraq and commited war-crime under the pretex of WMD are muslims. I didn't know that these people are muslims.

    May be Narendra Modi was born to a Moghul Emperor. Others are born to ottaman emperors. What about you vghc? Are you a product of muslim?



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  • mariner5555
    04-08 11:10 PM
    I remember the 1990's UK housing crunch
    http://news.bbc.co.uk/2/hi/business/7336010.stm

    Being an energy saving geek, I also recommend buying something with a large south facing roof (for lots of solar panels).
    Hi Mark,
    a quick question - has IV thought about using the housing problem to push for faster GC processing (or for getting a very relaxed multi year EAD) ? a poll was conducted recently and as one would guess lots of legal immigrants are waiting for a GC before buying a house.
    I am not suggesting that giving GC's to legals would solve the problem but I am suggesting to use it as a selling point. (ofcourse at the micro level even if 1 house is sold ..then it helps the economy ..and if 100,000 houses are sold ..it definitely makes a difference)




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  • mariner5555
    03-23 10:23 PM
    This whole GC process is unpredictable. Don't waste ur life for it. Do whatever u think is best for you. It will be America on the loosing side if they deny u the GC after u have bought the home.
    it is not just america losing - the person who has bought the house would lose his downpayment / equity too -not to speak of the mighty credit score - am I right ??
    depends on yr situation and your priorities and more important the place where you are planning to buy. is it in florida, mich, Ohio, california or nevada (I guess no - else you would not have asked this question). if you think of a house as investment and you dont want to take a loss - then wait. if you need the space desperately and you are o.k with the prospect of yr house depreciating for couple of years - then go ahead and buy. BTW there was another thread where this was discussed in detail
    http://immigrationvoice.org/forum/showthread.php?t=17986



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  • paskal
    04-09 11:47 AM
    The job description can be put in the way that points to your plus points. If you go the Harvard Biz. school you will have those. I dont think they want you to leave. There will be other avenues out there.

    pete,

    i am a physician and in the same boat as you. my employer searched high and dry before i came along. but you are missing something here. except universities that can hire the "best candidate", every other employer has to employ a citizen/gc applicant with the "minimum qualifications for the job". please revisit the rules if you do not understand this. your talent and extra skills count for nothing. employers cannot take the best applicant...if an LCA is needed. this is a very significant problem if applied to H1B renewals. Any tom dick and harry can displace you every 3 years. think about it please, not just your own situation. i am strongly in favor of H1B reform. i believe that this if linked with a bill like strive dramatically increase support for retrogression relief. however the reform needs to be thought through carefully. a 6 mnth LCA process for each renewal would kill us. let's not throw the baby out with the bathwater...




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  • rockstart
    07-14 08:28 AM
    In the letter Phani mentions DOL asked companies to file EB3 instead of EB2 because of slow economy in 2001-2002. Is there any official communication regarding this? According to my understanding of the process and rules. It is job requirement that drives the labor category (EB2 or EB3). Most jobs require bachelors degree with some experience and hence are classified as EB3. There are other jobs that need more skills ( according to employer and endorsed by DOL) which also demand little more salary. These get qualified as EB2 and then there are speacialist jobs that require very highly qualified people which are EB1. Its employers responsiblity to convince the DOL in labor and I140 stage that he needs a guy for a specialist job (EB2) and that he can afford to pay the candidate. Whether economy is slow or Fast if as an employer I have the money to pay the candidate and I have a need for his skills I can file and definately get my EB2 approved. I think what happened in 2001 was since economy was slow and companies were not doing great financially the lawyers must have cautioned the employers against filing EB2 since DOL could audit it and if comapnies are not doing good they might not be able to justify the Eb2 salaries. That is my guess please correct me if I am wrong. DOL will never advice companies to file EB2 or EB3 their job is to validate the job requirement A2P and Candidates qualifications.



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  • Emerson
    04-07 04:55 AM
    Durbin Grassley bill was timed to be introduced on April 2nd. It was thought, designed, planned and drafted well in advance before anybody would have known the date or time of when the H visa quota will exhaust. So there is no point in repeatedly saying that this bill is the result of quota finishing on day 1.

    It is not a zero sum game that how many H visas Microsoft or Google or Intel got. And highly skilled immigrants working in these companies are not the only genius around. There is a lot of talent on H visa working in other companies. Microsoft is a responsible company and they understand that there just aren’t enough college graduates produced by the US universities. H visa holders contribute towards innovation helping the nation’s economy and they indirectly contributing towards progress even when not directly working for Microsoft or Google or Intel etc.

    As administrator mentioned, this bill was being planned by the lobby groups working against H visa program for years. Here is a link dated 1999 showing that people have been working to end H visa program for long time.
    http://www.colosseumbuilders.com/articles/miano_testimony.html



    This bill is the work of same group of people and it does pose a real threat to H visa program.

    H1 quota finished because of many reasons including:
    1.) Companies waited for 1 year to hire someone they wanted to hire from outside. Last year also H1 quota did finish in April. So there was a backlog for some companies to hire people with specific talent.
    2.) For some companies, green card backlog creates an incentive to hire on H visa. Trends suggest that US worker will most likely leave job with couple of years in IT sector. However, due to green card backlog, H1s cannot leave or change jobs for 6-10 years. This creates an incentive for “some” companies to hire on H visa. Solution to the problem is to fix green card backlog. If companies will know that H visa employee too could get green card in couple of years and could potentially leave, this incentive will get eliminated.
    3.) The notion of something being scares creates added demand for it. This is what we are seeing with H visa quota.

    This is a good discussion, please contribute to this discussion. I am here to learn.




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  • Macaca
    12-20 08:12 AM
    A glance at year-end actions in Congress (http://www.mercurynews.com//ci_7761858?IADID=Search-www.mercurynews.com-www.mercurynews.com) Associated Press, 12/19/2007

    A look at actions in Congress on Wednesday:

    BUDGET BATTLE

    Congress sent President Bush a $70 billion bill to fund military operations in Iraq and Afghanistan. The money is inside a $555 billion catchall spending bill that combines the war money with money for 14 Cabinet departments. Bush and his Senate GOP allies forced the Iraq money upon anti-war Democrats as the price for permitting the year-end budget deal to pass and be signed. The vote in the House was 272-142. The spending legislation affects virtually every part of the government other than the Defense Department's core programs.

    ALTERNATIVE MINIMUM TAX

    Congress sent President Bush legislation blocking the growth of the alternative minimum tax. The House voted 352-64 for a one-year fix of the tax, which was created to make sure very rich people did not totally avoid paying taxes. But since it was never adjusted for inflation, it affects a greater number of middle- and upper-middle-level income people every year. Without the fix, those subject to the tax would have risen from 4 million in 2006 to about 25 million in 2007, with the average levy of $2,000 a taxpayer. The main beneficiaries of the tax relief would be people in the $75,000 to $200,000 income level. Bush said he will sign the bill because it does not include tax increases or other new sources of revenue to pay for the $50 billion cost of the tax relief. The legislation will shield some 21 million taxpayers without a means to cover the cost to the Treasury.

    GUNS

    Congress approved legislation that would make it easier to flag prospective gun buyers who have documented medical problems. The legislation clarifies what mental health records should be reported to the National Instant Criminal Background Check System, which gun dealers use to determine whether to sell a prospective buyer a firearm. It also allows the attorney general to penalize states beginning after three years if they do not meet compliance targets. The bill requires federal agencies to notify people flagged as mentally ill and disqualified from buying a gun and to notify people when or if they have been cleared. Propelling the long-sought legislation were the April 16 killings at Virginia Tech, when a gunman killed 32 students and himself using two weapons he had bought despite a documented history of mental illness.

    HEAT AID

    Congress acted to give extra home heating assistance to cash-strapped families. The government's Low Income Home Energy Assistance program would get roughly $409 million more in a year-end budget bill sent to Bush. The program provides heating and cooling subsidies for the poor. Millions of poor and elderly people on fixed incomes rely on heating assistance to help pay their heating bills.

    SCHIP

    Congress sent an extension of a popular health insurance program for children to Bush. Lawmakers supported a $35 billion expansion of the State Children's Health Insurance Program. Bush vetoed two bills that would have provided the additional money but is expected to sign this version. The extension through March 2009 was part of legislation that also gave physicians a 0.5 percent rate increase when they treat the elderly and disabled in Medicare. Physicians had been scheduled to take a 10 percent cut. The reprieve for doctors will last until June 30. The bill also includes a moratorium on new regulations that would reduce Medicaid payments to schools.

    TOY SAFETY

    The House approved a bill that lawmakers hope will make children's toys safer and increase the powers of the Consumer Product Safety Commission. Under the bill, anything more than a minute amount of lead would be banned in toys meant for children under 12. The bill also increases the agency's budget to as much as $100 million for the agency by 2011, gives $20 million to modernize the commission's testing lab and bans industry-sponsored travel for the commission. The bill would also ban the sale and export of recalled products, require tracking labels on children's products to aid in recalls and require mandatory third-party testing by certified laboratories. The legislation now goes to the Senate.

    CIA DESTROYED TAPES

    The CIA agreed to produce documents to Congress relating to the destruction of interrogation videotapes of two terror suspects. The CIA decision came after the chairman of the House Intelligence Committee threatened to subpoena two CIA officials to testify about the tapes.

    CONFIRMATIONS

    The Senate confirmed more than 30 of President Bush's appointments. They included Steven Murdock, the state demographer of Texas, as the new director of the Census Bureau, and Julie L. Myers as director of Immigration and Customs Enforcement. Critics had questioned her qualifications to lead the government's second-largest law enforcement agency.




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  • hiralal
    06-07 09:38 PM
    Chances of loosing right now, is very slim, since everything is lost and if you still have a good healthy job, chances are you would have it, and if you have backup like double income, you are running in no probability zone.

    After your i485 gets denied, I am assuming you can file MTR and wait for it. More senior members may throw light but I am guessing you would have 2-3 months time to leave the country.
    . o.k. Thanks. I don't understand why chances of losing are slim ?
    it is not high but it is not slim either for those on EAD / H1. majority of jobs posted ask for GC. H1 is in complete mess if you talk to any immi lawyer (I have a friend who is lawyer and I heard the same from a lawyer on desi radio).
    buying one house may still be o.k. ...buying 2 - 3 houses to put it on rent is absolute nightmare ..my friend tried that too (he too believed earlier that land is best asset) ... the renter stopped paying rent and he had trouble in evicting him ..on top of it the renter painted the rooms in wierd colors ...also how do you chechk how many people are staying in the house that you give on rent ..it is messy all way around ..if you really believe in land then better to buy some REITS (that is in mess too right now). luckily I had economics in my final year in engg college and the first and the fundamental equation is relation between supply and demand.
    in this country land is in huge huge supply (just look around) and families are getting smaller and green cards is given to 60 year old's (who just leave).
    credit is tight and will be for a long long time ..baby boomers will start selling their homes once prices stop falling ...so supply is massive and less demand ..




    gapala
    12-24 08:17 PM
    I know you must have left the forums by now. But I find it interesting how you are being misled by the so called leaders in India itself. Check this column by Tarun Vijay http://timesofindia.indiatimes.com/Columnists/Tarun_Vijay_Thou_shalt_rise_again/articleshow/3882599.cms Check out the differences between Shabana and other muslim leaders on the forum. Interesting!

    Insightful article. Imagine what is going on under currents... they seems to have 2 faces. There is a investigative video floating in youtube where one idiot is preaching youths in UK to show secular face to society until achieve their goal. Same idiot goes out and conducts interfaith conference and talks about unity. what a hypocrat.




    sri
    04-07 09:15 AM
    Where is it mentioned that they will not renew the H-1Bs?


    Green card is for convenience � H-1B status is for survival!!!!

    As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.

    If we cannot stay in the US on H-1, then there is no possibility of a green card.

    Details of the discriminatory and impractical Senate bill
    Here is the link to bill summary:
    http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
    Please see section 2(e) and section 2(f)

    Here is the link to bill test:
    http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf

    The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, �the best and the brightest� H-1B employees will not be allowed to do any Consulting!!!!

    Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.

    This discriminatory bill will have following effects:

    1.) This bill will hurt all sectors of the US economy, directly and indirectly.

    2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.

    3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.

    Timeline and Urgency of this massive issue
    This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.

    What we have to do
    1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
    2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
    3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
    4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody�s support.

    Please standby for more information and action items.


    -----------------------------------------------------------------------------------------------------------------
    Clarification
    -----------------------------------------------------------------------------------------------------------------
    There is going to be no difference whether you ...

    1. Renew your H1 at the same company by filing an extension,
    2. Transfer your H1 to another company by filing a transfer or
    3. File a brand-new cap-subject H1 for someone who has never been on H1.

    ALL OF THE 3 WILL BE AFFECTED.

    For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).

    The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.

    But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.

    Hopefully, this will answer some of the questions.



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