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  • NKR
    09-26 09:31 AM
    Chandu, you have brought up an interesting topic, but frankly speaking I do not expect anything to change, for a majority of us if at all anything changes it is going to be for the worse, sorry to sound pessimistic but looking at the unfair processing of cases in the last couple of months, I have lost faith in the system�





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  • unitednations
    08-02 06:36 PM
    Guys


    A simple question here ... I know that if an I 140 gets rejected 485 results in automatic denial as well as denial of all associated benifits. Is there any use with the labor? Can it be used to file for 140 again or can it be used to extend the H1B after 6 years.


    Re-file 140 or file an appeal on the 140.

    Filing the appeal; you will be able to extend the h-1b.





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  • akred
    04-08 08:02 PM
    IBM and Oracle will survive without H1B as they will hire US workers and set back will be temporary for them. So this bill is targeting the Indian bodyshoppers who are running company just by H1b persons. This was expected for long time. If it is not happening now it is going to happen in a few years. We knew that hundreds of US companies went out of business after 2000 as they were not able to compete with Indian consulting companies because of rate.

    If this bill passes as it is, then the impact will be much greater than targetting bodyshoppers. To reiterate, problematic aspects of this bill are -

    1. Requires a labor certification like process for all H1B applications regardless of whether application is for new employment, transfer to a new job or an extension of a previous job. This will lead to greater job insecurity for the H1B worker as there will be multiple chances provided to prove availability of US workers instead of the single step process today for the formal labor certification for a green card. This process would be similar to the bully who insists on multiple chances to provide the right answer, and the right answer is pre-determined.

    2. Prohibition of consulting due to prohibition of outplacement.

    3. No differntiation between the role H1B plays as a market access mechanism for foreign companies and as a bridge to the green card for domestic companies.





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  • dontcareanymore
    08-05 12:59 PM
    What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

    "Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

    If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

    I hope i have made my point clear? Thanks.

    And if you feel your esteemed queue is getting bigger you are more than welcome to leave this place.



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  • irock
    08-05 08:42 PM
    Pl close this stupid thread. Thx!
    Can someone note the

    - Best funny post on this thread
    - Best post of the thread
    - Worse post of the thread

    for the 3 awards and I will go through just those 3 posts and close the thread. :D

    I will open the thread once Rollling_flood files the lawsuit:D.

    What do you say?





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  • brshankar
    08-06 10:24 AM
    Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?

    Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?



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  • Marphad
    12-18 02:24 PM
    BTW, who is Antulay? I googled but no clue.

    Abdul Rehman Antulay. Current cabinet minister and EX Maharastra CM. The guy who created biggest cement scandal at the time and was exposed by Arun Shourie.

    http://en.wikipedia.org/wiki/A._R._Antulay





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  • Ahimsa
    11-13 08:42 AM
    [B]... BILL TUCKER, CNN CORRESPONDENT (voice-over): Microsoft's Bill Gates this week fired the first shot in the coming fight for more cheap foreign labor. Gates warning of a shortage of high-tech workers that his company needs to be competitive...
    We can ignore Lou on his yet another one-sided propaganda.
    But I think, if Lou is fair-minded (which he is not), he should have called Bill Gates to discuss on H-1B not Kim B.

    H-1B reform is an off-topic right now for us.
    Also, IV is neither supportive of or against H-1B increase.

    US lawmakers already started discussing to reform H-1B with point-based system.
    Senate had a hearing on Sep 14, 2006:
    http://help.senate.gov/Hearings/2006_09_14/2006_09_14.html

    Lou thinks lawmakers do not know anything about refoming H-1B.

    So, we can ignore Lou for ever.



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  • sanju
    12-18 01:09 PM
    the main message of the bible is forgiveness

    And what do bible say about people who do not believe in bible. How can the creator who created everything, including "believers" of your faith, and "non-believers" of your faith, how can such a creator who knows nothing but giving, how can that fellow say - "non-believers" go to hell. Don't you think that was purposefully put in there by Saint Paul, or someone who showed up after him. That shallow view cannot be coming from a supereme being, its just not possible.


    and the sacrifice that God made in order to save mankind. the person the bible portrays is the man who wanted to sacrifice his life for all of us. history proves that to be true. I don't think any king would want to change that message.
    God hates evil, and both God and evil cannot exist together. Man is doomed to eternal death because of sin. but God loved us that none of us should perish, and that's how he gave us a way to escape death (not mortal). that is through the great sacrifice He made for mankind.

    Book of Romans 5:8
    "But God demonstrates His own love toward us, in that while we were yet sinners, Christ died for us."

    Your version of history and the way you have been tought histroy proves that to be true. And just like the other fellow who said that books of hindu religion is not doctored, you come up with reasons who books or your faith are not doctored, which is not surprising. Why is it called "King James Bible" if King James did not create his won version? Why are there so many versions of bibles qurans, Geetas? Which version of each of those books is correct? Let me guess, the answer is, the one that I believe, or the one that was handed to me by my parents. And thats just too much bull, you know....

    Some of the parts of each holy book emanates view of supreme being, but then there are others which preach hate. All that I am saying is, be critical when you read yuor book, and question everything that it has to tell you. Don't live in medival period and follow these books blindly, you are an educated man, for christ sake. Even Christ or Allah or Krishna or whomever you beleiev in, even they will not want you to follow a twisted belief system in their name, would they? Just think.... So why is it not your responsibility to critically think about that is being taught in those books is not some form of hate in the name of religion.

    First thing that all religions do is, tell you that you r are a sinner, because just like George Bush, every religion works on the principle of fear. No. I was not born as a sinner, no one was. Everyone else is an extraordinary creation of creator created out of love and giving. And anyone telling you that we are sinner is simply abhomination of the creation of the creator.

    Say you are a computer programmer. The question is - Why are you a computer programmer? Because you applied your mind to become a computer programmer, and thats why you are now called - computer programmer. Now say you worship the true nature of GOD, which is not but love, none of this sinner and kafir stuff, ok. Now you apply your mind towards God, what will you become, and reflection of god itself. And during a period of time people will identify you with the object to which you applied your mind. I believe Jesus, Buddha, Krishna, Mohammad, Guru Nanak, were great visionary souls and applied their mind to GOD such that their coming generations identify them as GODs, just as I applied my mind to become a computer programmer and now I am identified as computer program. This applies to every so called "GOD" in every religion.

    Ray of light from Sun is a medium for light & warmth, but no one prays the ray of light, everyone prays the Sun becuase thats the source. Likewise, all the great souls who showed up from time to time, they are like rays of Sun light, showing us the direction to the Sun, but in this metaphor, mankind started praying the ray of sun light instead of the Sun and formed all those different religions based on the ray of sunlight. And now everyone fights with each other over whose ray of sunlight is better. Just imagine how ignorant and foolish this behavior is?

    I don't think that every word of bible is the word of Jesus Christ. I don;t think that every word of Quran is the word of Mohammed. I don't thin that every word of Geeta is the word of Krishna. If there was a way for these great souls to appear before us in this age and talk to people who "appear" to follow them, these great souls will tell their so called "followers" to stop this nonsense in their name.


    .





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  • vactorboy29
    08-26 10:34 PM
    This is hilarious........


    http://odeo.com/episodes/7076453



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  • 485Mbe4001
    09-29 07:55 PM
    its ok, you misunderstood my point. I dont want to divert OP of this thread.

    Anyways the fact of the matter is that we are in a limbo, all indications point to Obama becoming the next president of US. if CIR 2008 was any indication , we as EB applicants are royally screwed if Sen Durbin dictates his immigration policy. What is the use of talking about wars and innocent people when chances are that the advocate of his immigration policy is opposed to my main issue of EB reform. high low Taxes, 401k's, houses, Medicare etc will matter if you get to stay here in the first place. A average 6-9 years of paying taxes, supporting medicare and Social Security and we now need to think about moving to different countries where skilled immigrants are welcome....think about it. Just look at the CIR 2008 discussion to understand what i am talking about. Read the senators transcripts.



    Ramayan was an epic written long time ago. It is a story(like stories in bibble). Creationism evolved just to oppose evolution theory and cause confusion to the evolution theory. They say it is based on science, when it is not. BTW evolution is also a fact, it is not just theory.

    Spending on needless wars are not helping economy. With this economy there is little chance for GC. If everybody wants tax cut, who will pay the debt. Keep borrowing? Some one has to pay the interest at the least..
    Clinton balanced the budget, while taxing the rich. McCain is for the 'trickle down economy' which we now see what it really is(DOW down 800 points). Obama is for tax cut for the average guys and not for the 'trickle down economy' scam.





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  • boreal
    09-27 12:31 PM
    Obama might be the only person who is still sane and might want to end the war, save the country 10b per month. This might have its own positive effects as there would be more money to spend on economic development in the US, which in turn might mean slowly improving economy and better jobs. All of these might translate into optimism in the country and lesser opposition to EB immigrants in general. Agreed that Durbin might try to derail the EB process by the introduction of new skills based program and what not...but highly doubt that it would be applicable retro-actively and affect ppl already in the queue. And for new EB applicants, they would know what they are getting into, if such a points based system is introduced, and hell, might work for quite a few of the new EB applicants...

    Mccain, on the other hand, seems to so over-confident and as arrogant as his predecessor that he he failed to mention, even once, that the war needs to end. (as evidenced by yday's debate at Ole Miss). He is still talking about 'strategies and tactics of war and differences between them' in the debate when the nation is reeling under the most severe economic crisis...the point is that this guy doesnt seem to be the person that will be of any help either to the country or the EB immigrants like us. He is nothing but an extension of the Bush Government and i hope that he doesnt become the President (not that he has great chances either)

    Anyway, whoever becomes the President, as someone put it .."Its the Congress, stupid!!' The congress would still need to act on any legislation. And the way the things are working since 2005, election year or not, it seems to be a very uphill task to get anything passed, be it for illegal or legal immigrants. The anti-immigrants force seems to be so strong that it seems almost impossible for anything to be passed for any kind of immigration..so, i believe the status-quo would continue even after the new President takes over..

    Well, that leaves us, poor EB immigrants, as usual at the mercy of USCIS...if we are lucky enough, we will still be emloyed when our visa number becomes available...(Remember that Seinfeld episode when the Seinfeld party finally gets the table at the Chinese Restaurant, but they are long gone..!!!)



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  • SunnySurya
    08-05 10:38 AM
    I object to your insinuation and gross generalization. It is not your job to ask this question. It upto the law of the land to figure that out and root out dishonesty and deceit.
    I don't know about rolling flood Just FYI I have an MBA from the US ( a top ) university and have been working with various fortune 100 companies. Currently on EAD.
    I asked this before and asking again. How many of that EB2 got jobs with out faking their resumes and skill set. Atleast did you?





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  • mariner5555
    04-17 07:31 PM
    I also thought that pitching in the home buying by GC folks would make a great argument in front of law makers. But there was a very sensible posting by our spokes person Mark B.

    He said, he would not put home buying by GC folks as a main selling point for our cause. May be he will say this point as a half joke-half serious manner while discussing our core selling point. The core selling point being that the US is loosing talent by not giving us GCs in a timely manner.
    I agree ..it cannot be used as the main point. but everywhere (even here) .money (or economic issues in this case) talks.
    also, when you use current issues to link to the immi cause then there is a better chance of selling it.
    for eg - during Y2K ..nobody complained when immigrants were flocking here.
    when dot com was at height - clinton was easily able to sign the H1 cap increase bill.
    the issue today is housing ..but I agree many legal immigrants have brought (though I guess 60 - 70 % have not) ..and if the numbers were twice or thrice and there was unity ..then it would have been different.
    if you see the prev link about foreclosures ...say in a sub division - the average house rate is 400K. one of them goes in FC ..bank lists it for 250K ..in the same sub div - if 3 genuine sellers want to sell and compete - then they have to bring down their prices to maybe 300K ..and hence all the house values in that Sub Division effectively comes down ..so even 1 house buyer matters. In the end this issue will mostly be solved by increased demand ..and sizeable amt of that demand will come from immigrants.

    and if you see and analyze this link - the market will be swamped by foreclosures.
    http://www.cnbc.com/id/24187419
    http://blogs.marketwatch.com/greenbe...un/?mod=MWBlog



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  • chanduv23
    03-24 10:55 AM
    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

    No one is taking on or poking at USCIS.

    On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

    When we talk about good faith employment - it is the relationship that exists during the terms of employment.

    While your analysis makes sense - we really never know what is happening behind the scenes.





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  • desi3933
    08-05 10:22 AM
    If you find enough people and have solid plan in place, I am willing to pay anywhere between $500 to $1000 towards the lawyer's fees....

    Just self-interest and what works for them.

    Factions and Groups
    eb2 vs eb3
    Porting vs Non-Porting

    some recent ones
    eb2 NSC vs eb2 TSC
    eb2 PD 2006 vs eb2 PD 2004 (as many 2006 PD are getting 485 approvals)

    No wonder many people, after getting GC, do not visit this forum and support any immigration reforms.

    --------------------------
    Whatever we treasure for ourselves separates us from others; our possessions are our limitations.
    -- Rabindranath Tagore (http://en.wikipedia.org/wiki/Rabindranath_Tagore) (Indian Poet and Nobel Prize winner for Literature in 1913)


    ____________________________
    US Permanent Resident since 2002
    ** supports not counting dependents for EB Green cards **



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  • Beemar
    12-29 12:01 AM
    Sorry everybody. The war did not break out as I was anticipating. I thought Indian leaders have developed some spine. I should have known better.

    India is no Israel. Israel launched a war on Gaza in retaliation for some rocket attacks which killed, well, zero Israelis. They at least know what the most effective defense is, its called offense.





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  • wantgc23
    08-11 07:55 PM
    really good thread





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  • supreet
    06-07 04:52 PM
    I think it really is a matter of personal choice. A house is much more than a mere investment. For people like us it adds another layer of complications
    due to our status (or rather...lack of status).

    We are in Bay Area (San Jose Metro area) and were paying around $2000 in rent. We just bought a condo where our payments (mortgage + Taxes + HoA) are going
    to be around 2300. Hopefully we will be getting back around 400-500 in taxes and this makes it a good deal. However only 15 days after moving into our
    new house, I was laid off and now our biggest concern is if I am not able to get a job in next few weeks and if we have to go back we will be almost
    80k down the hole.





    gcgreen
    08-06 02:16 PM
    But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.

    Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.

    Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.

    To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!

    Also, just like you, I have no personal gain from this, one way or the other :-)

    I don't think Rolling flood is debating the eligibility of 5 years experience post Bachelors for EB2. The point here is about porting which enables one to retain the priority date from the EB3 application which maybe required Bachelors + 0 years. To balance things out why not give a person who acquires a Masters or PhD a few years in terms of priority date.

    Note that I have no personal gain from any of the above happening. :)





    unitednations
    07-19 02:29 PM
    UN,
    Sorry for sending the PM.

    This link was provided in another thread regarding H1B status. Not entirely sure what it means.


    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Q : Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    first i'll tell a brief story.

    I am a chain smoker. my brother is a ph.d who researches cancer. He told me I would die one day of cancer (thanked him for that advice). I told him that you gotta die one day.

    he is the only person who had this comeback. He said that is what everyone says until they are on their death bed.

    now; why is this story relevant? How comfortable are you in arguing this. I remember a long time ago a person had this query; and he responded that he was on medical leave. USCIS came back and asked for verification with medical records. Others tried to get letters from their employers saying they had extended absences, etc. but employers won't give the letters because they think they will be on hook for payment of wages to you if they give such a letter.

    It is not an easy thing to overcome or argue as one may think.



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