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  • unitednations
    03-24 02:39 PM
    UN - why do you think USCIS allows

    (1) File for h1b from consulting company - when they think there is an issue
    (2) Allow labor substitution - when they think it is not good
    (3) Allow eb3 to eb2 porting - when they think it is not good
    ....
    ....
    ....

    the list can go on

    Why do you think people who are following law - not liked by USCIS?

    I am not blaming USCIS or not poking at them or your interpretation.

    I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.

    Right now USCIS is giving everyone a hard time.

    I didn't even think that getting rid of labor substitution was a good thing. Much of the issues related to labor substgitution had to do with IT jobs. Although IT jobs take up a good number of greencards; it impacted other companies/people who weren't doing anything wrong with it. It was a first step in making eb harder.

    I am a pretty good advocate of the staffing companies. Kill staffing companies and h-1b and employment base greencard is finished for people from india. I don't think many people realize the implications of what is going on. Staffing companies are the lifeline for employment base IT and for nurses. Thre would be no more retrogressoin as people wouldn't be able to come here. All the people who are here in so called permanent jobs will also eventually get squeezed (laid off; company mergers; promotions; more rules like tarp, etc., and they will eventually also stop doing greencards except for the most senior of senior people).

    People really need to be careful right now.




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  • mps
    08-05 02:35 PM
    Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..


    Wow ! So you are saying that no one qualifies for EB2 after 2004 !

    I kindly disagree.




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  • GCmuddu_H1BVaddu
    01-01 04:06 PM
    Well, if one provinance is joined hands with the theives then the police from second provinance should kick the other provinance's theives and police (as*).And yes a possible revilary between two provinances.


    Suppose there are theives from Bihar that come and rob you in West Bengal.
    You can either send your West Bengal police into Bihar, and turn it into a rivalry between two police departments. And a rivalry between two provinces.
    Or you have the two police departments work together to reduce crime rate in the future.




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  • krishna.ahd
    01-06 04:10 PM
    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.
    If you dont know the reality , then

    I had lived in gujarat for 40 years and all these years right from 1965 every year there was communal riots ( sepcially starts on Rath Yatra ) and more Hindu got killed then Muslims , just once the more muslim got killed then Hindu , and you see the whole world come to know about that. Where were every one including you for the last 40 years ??

    BTW - tackle terrorism ( proxy war from Pakistan) we need some one like Modi , the way Isreal hadnling . Isreal IS REAL (hero).



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  • nogc_noproblem
    08-07 12:30 PM
    Thanks for the compliments.

    H1B, Labor, I140, I485, EAD, AP, PD, RD, ND, VB, RFE – Sucks man, had enough.

    In fact I am so relaxed and laughed many times for the past 2 days. I read so many jokes and picked the good ones, I really enjoyed doing this.

    Thanks for all those for their encouragement, positive comments and yes, Green dots.

    If the trend continues, I think very soon I can beat Pappu in terms of number of green dots (Ssssssss!!! don’t let Pappu know about this till then, ok :))


    nogc_noproblem , u r 5 star *****




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  • walking_dude
    09-29 03:47 PM
    Please read my post. I wrote 'contribute' and not vote! I know LPRs cannot vote, but they can certainly contribute to election campaigns. Assuming USCIS uses even 100,000 of available visas and taking the conservative estimate of 50,000 (50%) of them to be adults, there will be at least 200,000 new EB LPRs between now and 2012. These EB immigrants can definitely help shape the future of their future country of citizenship through their contributions.

    And why should I pray? If this country doesn't need me, I'll move over to some other that better respects me. And whom should I pray for? Mcain - author of CIR 2007 -who doesn't care either way?

    I would rather have Durbin send me back in a year rather than have McCain waste 4 more years trying to sell CIR to extreme right-wing-nuts who form the base of Repub party,and Hispanic voters. And get the resulting medley passed through a Dem congress. It will be another repeatition of CIR 2007, which was incidently authored by McCain.

    I would rather have the issue resolved one-way or another fast in a year or two rather than waste 4 more years for something which I might never see in this life.

    And you think majority of those ppl will get Voting rights by 2012....forget it...Most of the ppl here are lucky to get tehir GreeN Card by 2012....

    There is no reasoin for him to pander future voters......He will be most likely agnostic to EB issues, however, as noted..if Durbin is his Immigration advisor..then we are toast...so pray for the best...



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  • punjabi77
    12-18 11:04 AM
    I dont see anything wrong in what Auntlay asked for.. he has asked for investigation as to how Karkare was killed.
    his initial verbage was not good.. but what he asked later was completely justified..
    All the people in the van, in which Karkare was killed, died except one Hawaldar..
    And all the top cops in the same van at the same time, somethings needs to be justified..




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  • munnu77
    12-18 02:54 PM
    Sign of very rare good pakistani journalism:

    http://www.dawn.net/wps/wcm/connect/Dawn%20Content%20Library/dawn/news/pakistan/dont-let-this-sickness-spread-any-further--qs

    Worth reading.

    good article..
    but i always believed, if there is a war between these countries, India will be the loser as pakistan has nothing to lose right now..we will go 10-15 yrs behind compared to other developing countires..
    The war between 2 countries is that the terrorists really want, so they get a bigger grip on pakistan and they can recruit more people into them showing this..
    Europen countries doesnt have much of a problem if they want to attack pak..
    They will bomb and just go..India will have to deal with a destabilised country and people after tht..may be for decades



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  • ilwaiting
    04-09 08:47 AM
    This affects everyone. No one on H1B is left out. Just because one has a Perm-Fulltime job now doesn't mean he/she is safe. With Gc's taking so long, At some point during their H1B period they would have to move to a new company. They would not be able to transfer. Everyone please oppose this Bill.

    Tougher laws need to be brought in to stop abusing the program, but this bill is in its extreme and must be opposed.

    Infact, this affects everyone.

    Students looking for new H1B
    Students on OPT
    H1Bs getting extensions
    H4s transferring to H1Bs

    and all H1Bs indirectly and directly

    Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.




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  • logiclife
    04-07 12:33 AM
    Desi consulting comapanies will not be affected. Consider this, if this bill becomes you can't transfer Visa and stick to the same employer. They can pay whatever they feel like paying (may be $7 per hr) and abuse the way they want. we will continue to extend the Visa and work as slaves thinking that this will get over one day like the Green card mess.

    They will earn more with less people and buy all the new model cars and houses everywhere in US.

    This is our problem and we have to fight for our good.

    You are wrong, see my post above. Even if you stay at same employer, your H1 wont be extended if you file for extension. If extension fails, its goodbye for employee and loss of employee and revenue for employer.

    EVERYONE LOSES.



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  • krishna.ahd
    12-27 05:26 PM
    I believe one more time - our spineless creatures/politicians - wasted chance of cleaning up terrorist camps - at least for now




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  • Macaca
    12-28 07:12 PM
    Blending the Rules as We Go Along (http://www.nytimes.com/2010/12/28/world/asia/28iht-currents28.html) By ANAND GIRIDHARADAS | New York Times

    I wanted it to be right after breakfast when I asked Priya to marry me. The other elements were still forming, but that one felt important: a proposal to know together a thousand moments as simple and whole as this moment on a quiet Sunday morning.

    I gave a prologue, then asked. She cried, then answered. A ring was worn. And, in less time than it takes to mow a lawn, we had rewritten our fates � our fate � forever. Done deal.

    Or so we thought.

    In the coming days, we were reminded of what it means to belong to a tribe of people that straddles multiple cultures and multiple degrees of technological involvement � and, as a consequence, holds a rich variety of opinions about an engagement. We received an education in the nuances of doing a very old thing in these new globalized, digitized times.

    The first hint of engagement Babel came in a phone call to Priya�s grandparents in New Delhi, minutes after the proposal. Joy filled their voices when they heard our news; blessings poured forth, punctuated by the colonial remnant �all the best, all the best.�

    Her Nana, though, could not let the conversation end without asking a question:

    �But, Priya, how exactly does one get engaged?�

    The bride-to-be said something about a question being asked and a ring being given, and that was that. What we didn�t appreciate then was that, in India, it doesn�t count as an engagement when two impressionable young people make a decision all by themselves.

    Calling India to say that you have gotten engaged, but without any family present, without any rites having occurred, is like claiming to have clapped with one hand.

    Thanksgiving time soon came, and the two of us went to Washington, where our six parents live. Two celebrations of our engagement were planned: a dinner at Priya�s mother and stepfather�s home, the other a tea at my parents� place.

    Our new family traces its roots to cow worshipers in Benares and cow slaughterers in South Dakota, to Chennai in south India, to a piece of the Punjab that is now in Pakistan, to Iowa, to New Jersey and to a hamlet called Blaxall in Britain. We count among us those who worship the multitudinous Hindu deities, the lone Christian one and no divinity at all. We are speakers of English, Hindi, Punjabi, Tamil, French and Spanish. Many of us bear the passport of a country in which we were not born.

    All of which is wonderful until you have to choose an engagement ritual.

    After some debate and soul-searching, we decided to invent our own rites. We lit candles. We held hands. We told stories. We traded gifts. We laughed. We ate.

    But, back in India, there was still some confusion. Priya�s grandparents, 10 and a half time zones ahead of us, were aching to hear our voices on the night of that first Washington celebration. My grandparents phoned several times during the tea at my parents� home four days later. The way they saw it, this was the engagement � this coming together of families at the home of a certified adult. The earlier thing, as they saw it, was more like a sweet gesture.

    So, two weeks after we got engaged by our own definition, my grandparents congratulated me for getting engaged. Priya�s Indian cousins BlackBerry-messaged her they were delighted to be able, at long last, to congratulate her � now that it was �official.� Other relatives wrote seeking pictures of our �engagement ceremony.� We tried to explain that we hadn�t had one. But in this definitional spat, we were clearly outnumbered.

    When, today, is an engagement valid in the eyes of the world? Is it, according to the Western contractual idea, when two people declare their commitment to each other in private? Or when love mingles with economics in the giving of a ring, the first step in a gradual entangling of fortunes? Is it when two families gather and drink and toast? Or when a certain traditional ritual is done � or, in our case, a new ritual?

    Or is it when you change your Facebook relationship status?

    We had been so consumed with family, and with the intricacies of the Indian and American rules of engagement, that we ignored our virtual tribe. We had called some friends on the phone immediately after it happened, and e-mailed some others. But then the celebrations of the nonvirtual world took off, and we were absorbed into that love and tumult, and our engagement went unrecorded by the digital sphere.

    Just when we thought we had satisfied every possible definition of engagement, marking it in ways suitable to ourselves, our parents and our extended clans, Priya�s stepsister brought up Facebook. Why hadn�t we updated our relationship status to proclaim the engagement? It was peculiar, this omission: The absence of a Facebook update could be read as the presence of something amiss. What were we trying to hide?

    Relationship statuses, like ideas, have derived their authority from different sources over the millenniums: A relationship could be valid if properly certified by the ancient rituals; or valid if faithful to the words of the holy texts; or valid if codified in a contract recognized by the correct governmental agency; and now, in 2010, valid if etched into one�s �Info� tab on Facebook.

    We promptly made things right. As it turns out, we were Facebook-engaged around the time that the site�s creator, Mark Zuckerberg, was named Time magazine�s Person of the Year. We made it �official� for the third time, our union ordained by this new minister of the universe.

    At last, the engagement is properly established before our American, Indian and virtual tribes � and, now, before the readers of this newspaper. The wedding looms, and with it another inevitable contest of definitions.

    I can already hear the question forming: �But how exactly does one get married?�



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  • vghc
    01-07 02:54 PM
    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?

    Me? Naaa....i just dislike any organized religion. They are the cause of a lot of problem in this world.




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  • unitednations
    03-26 08:41 PM
    So then lets take an example

    1. Company Files H1b from NJ
    2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
    3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
    4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?

    According to you anything is possible with USCIS these days.

    My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..

    -cheers
    kris

    Every time you amend the petition; it technically would be another h-1b; when you come up for extension (assuming when you amend the petitoin that you are not requesting for more time); you would be extending the latest h-1b that has been approved. You would have been complying with the terms and conditions of that particular h-1b so you shouldn't have any issues.

    California service center when adjudicating person B's H-1b asks for payroll reports of all employees. They will cross reference the h-1b's filed for other employees from the list and if they see even one person who has been paid lower then what their h-1b was filed for then they will deny person b's h-1b. California service center is relying on a case precedent that if a petitioner has not complied with a previous petition (even if it is a different persons petition) then they can't rely on their certification in the instant petition and deny it. Funny thing is that when I looked up that case precedent that they continually site; it is a marriage base case when a person tried to file a second petition. Another example of uscis doing what it wants to do.

    Now; I think everyone will start to understand why so many companies are cancelling h-1b's; revoking h-1b's for people on bench and generally not filing many h-1b's in this year quota or filing h-1b transfers for people without projects. I wans't too vocal when some members on the forums were trying to gather support for lifting country quotas; contacting media; etc., because I was well aware of what was going on behind the scenes and we are definitely in a defensive mode right now.



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  • validIV
    06-26 10:32 AM
    I have only one sentence to say ..watch the movie "pacific heights" ..I was watching it now and that is a perfect movie for those who intend to rent their homes.

    LOL. Why dont you throw in Armageddon, Knowing and Deep Impact. Those are also valid points since thats what can happen to the earth tommorow or the day after.

    Investment carries risk. Anyone who tells you otherwise is lying. I have lost money on other investments before, but that is what makes u grow smarter. You fall and you get back up and you know better the next time round.

    If you spend the rest of your life renting, the risk is 100%�you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.




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  • saileshdude
    08-05 07:49 AM
    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.


    I originally filed in EB2 but yet I do not support this idea. I think EB3 people if possible should deserve a chance to file in EB2 if they are eligible. Also porting helps you (original EB2 guys) in another way. Suppose for some stupid reason, you have to restart your GC process, wouldn't you want to be able to port your earlier PD? Don't be selfish man.



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  • rima1805
    03-23 09:36 AM
    my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.

    We bought a townhome in my 1st yr of H1 as I had just got married and my wife (from India) was literally living out of her boxes in my 1-bed rm apt. My decision was based less on home being an investment (due to decling real est market, etc) and more on being a necessity. Try one of the "rent vs buy" online calculators to see how much more you would have to pay. For instance, I was shelling out ~1000 bucks a month on a decent 1 bed apt with garage; and now, I pay ~1500 on a 3 bed, 2.5 bath, 2 car garage townhome. This year I could also itemize my mortgage int payments and pay less tax too, where as the rent you pay every month goes straight into the drain! We recently had my parents from India stay for 6mo with comfort. Try that in an apt. In view of the GC situation, I'd go for a not-so-expensive but good neighborhood home so that you can 'enjoy' your life as others have rightly pointed out and sell it with lesser pain if you have to move & the housing market tanks. Good luck!




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  • gjoe
    07-14 07:00 PM
    If you can show that EB3 I from 2004 was approved in 2005 or 2006 you can challenge USCIS if you have a older PD, no matter if you filed your I485 at that time or not.
    You have a strong case if you can prove that USCIS went about processing application and issuing GC in a disorderly fashion and due to that your application with a earlier priority date has not been processed.

    My 2paisa here, Good Luck




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  • abracadabra102
    01-03 07:01 PM
    If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.

    You summed up the entire Pakistani approach to terrorism beautifully. We have a problem. You won't cleanup your house and I can't live like you (with all these cockroaches coming from your house). I am afraid I may have to burn your house down. I may lose my house as well, but that is the risk I should be taking.




    cagedcactus
    04-07 05:43 PM
    I wonder if big names like Mircrosoft and others are aware of this. I am sure they will have a huge loss if this bill went through. May be it is time Bill Gates dropped his gloves and fight for us too.




    pani_6
    07-14 11:45 PM
    Pappu,

    Could you please outline what you would you say about helping EB-3 out when you meet with DOL/USCIS officials next time IV meets them...also I want you to write a full letter that address the issue faced by Eb-3 and post it for us to mail it out...I understand that letter is not perfect..but it brings the dire picture of EB-3-I..

    From what I have seen in the Fourm posts nobody clearly knows how these Visa numbers are clearly allocated and everybody has thier own theory..and you know well legislation will not come this year and we do not know the composition of new congress next year..we may have a congress that even more anti-immigrant with the slowing economy.. and EB-3 I is badly hurting..

    We cant convert to Eb-2 now its too late..LC PERM are getting Audited (Taking 8-9 months ) and no PP for I-140..even if we apply for Eb-2 now...by the time it comes ..we dont know whether Eb-3 would have moved to say 2003 making all the PERM and I-140($$) efforts go waste...


    We want to know what is in store for EB-3...some folks write that only 5 families per state are going to get thier GC in EB-3.. at the current rate 2001 Eb-3 have to wait another 5 years to get thier numbers....

    Could you in your next meeting with DOL/USCIS/DOS please bring up the issues with EB-3 now that EB-2 has some relief..and give us whether we need to convert to EB-2 or in the near future will the numbers in EB-3 move..

    Frankly I have no enegery left ...

    Pappu..you are doing a great job..I commend your efforts..please show some direction for EB-3 ..some news from DOS/USCIS would be helpful...





    I have my disagreements with the letter content and have let it known in my posts on the thread.

    Pani you are an old IV member with IV experience and I trust that you would give second thoughts based on my comments.



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