вторник, 28 июня 2011 г.

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  • pani_6
    02-21 01:03 PM
    Why doesnt this guy test the water by contesting the elections...he talks as if he is the 20th century Adam Smith who should be consulted on economics..




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  • delax
    07-13 07:56 PM
    I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

    DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.

    I dont agree at all!!!!!!!

    How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.

    Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.

    The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!




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  • gapala
    12-19 07:59 PM
    Funny to see red with comments.. and claims :)

    "Having said that, the very upbringing instills the care for Health, Hygiene, Homes, Human Values, Harmony in Diversity etc. Long story short, help you become a humble and good social being." being an atheist gave me that and much more so quit hatin

    I really doubt your claim :) Otherwise you would not comment anonymously. :) You would rather post a reply instead.

    More over I did not say that you would not get those values being an atheist or what ever you call yourself. To me that is just the way few folks live, think and believe :) they call themself "Atheist" instead of hindu or a christian or a muslim or buddist. ...there are around 40 organized ways people live on this planet earth recognized as "religion".

    Atheism, as an explicit position, can be either the affirmation of the nonexistence of gods or the rejection of theism. It is also defined more broadly as an absence of belief in deities, or nontheism.

    You seems to be confused between "Religion" and Theism :D :D :D What can I tell ya?


    Another dumb guy :D:D:D

    Take a science class. Read Kant's philosophy

    Dude, who ever you are, Immanuel Kant was engaged in arguments all along his life on the existence of God, the attributes of God, the immortality of the soul, the problem of evil, and the relationship of moral principles to religious belief and practice. He came up with his own Pilosophy for the role of religion in the dynamics of human culture and history.

    Kantism is not in those 40 recognized religion that I mentioned above. There are many more like Kant in this world who live their life in their own way with what ever way they think and believe. Kant did not succeed after all that effort.. he was more confused. See the accounts below.

    Walsh see Kant as thoroughly hostile to religion in general and Christianity in particular.

    Other interpreters see Kant as trying to mark off a defensible rational core of Christian belief, but offer differing judgements about the success of his efforts.

    Michalson evaluate these efforts as self-defeating, paving the way for a more radical denial of God such as Nietzsche's.

    Collins and Wood see Kant articulating an account of the dynamics linking morality and religious belief that has positive value for a believer's reflective appropriation and practice of faith.

    Kant lived a different life as you can see from all the accounts above. What is so scientific about Kant? Just curious, do you follow Kantism? You were very particular about that :):D:D:D

    Yet another confused guy.:)




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  • alisa
    12-26 11:45 PM
    Well, remove the threat by telling Clearly and unmistakably that use of nuclear weapon by Pakistan would invite catastrophic counter attack.
    Don't you think Pakistan already knows that?


    Otherwise what happens...Pak would keep taunting that " Hey, remember we have nukes...wanna pick a fight with us?" and keep doing what they are doing.

    Do you mean to say that the state and the government of Pakistan did this?



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  • GC_Applicant
    04-08 11:44 PM
    Not that I am going to buy right now., but want to get my home work done.

    Can anybody suggest some good guidelines for mortgage financing., like FHA loans (if I-485 applicant can qualify) and good lenders.

    Thanks for all the great info.




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  • psvk
    08-05 12:25 PM
    This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.

    Prefer to refrain from adding fuel to Sunny's reply as this thread is causing more rift than good.
    Agree this thread should be closed and deleted.

    Moderator: Is there any way people(ID's) don't contribute, don't get to open new threads if not posting comments( and dots too).



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  • mrajatish
    07-08 07:22 PM
    There are a lot of protections in immigration law for us beneficiaries.

    When we quote laws; we generally are looking for specific items that may benefit us.

    However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.

    Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.


    Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.

    Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.

    All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.

    Frankly, this is very very scary - I do not know what to say here. As per law, USCIS should only worry about what happenned after the last lawful admission into United States. But they can find any number of small faults in a application - after all, the application is so comprehensive that it is biased towards making small mistakes. This may not be true for people who get GC within the first 2-3 years in US but for others, they have a long enough history in US such that they will be pre-disposed to making errors.

    It is best to be up front about a situation if one gets an RFE - even if one has violated certain laws, it is better to admit that and convince the officer about the circumstances leading to such violation.

    My earnest prayers with you - please find a good lawyer to represent your case.




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  • irock
    07-14 02:17 PM
    couldn't say it better.

    About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?

    The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...



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  • jaocanada
    07-17 02:08 PM
    Manub,
    Our prayers are with God to get you and your family out of this difficult period. I know of a close friend who went thru a similar situation regarding distress sale of the house but finally it all worked out. So keep the faith and be strong. Good luck.



    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    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.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.




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  • vivid_bharti
    06-23 03:47 PM
    I'm surprised nobody is even considering the other aspect i.e. the pleasure to live in your own house. We people are living in US in a small sized appt. while we bought houses in India, which is on rent. You will never know the pleasure of living in your own space...



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  • satishku_2000
    05-16 12:39 PM
    Originally Posted by mbdriver
    How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!

    Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.



    Stop judging whether someone is upto the task or not . There are so many people work for consulting companies and their green card applications are pending in various stages for years.

    Hope your so called fulltime job truly fulltime and pray that there will not be any lay offs in in fulltime employers company while your green card petition is pending.

    H1b can be applied even for temporary / part time jobs too.. try to get your facts correct.




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  • xyzgc
    12-30 02:23 AM
    I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
    Thats the vicious cycle.

    It might be true, it might not be. Its only reactionary if its at all true and a very subdued reaction that is. If India was Israel in its attitude and what it is in its size, you wouldn't have seen the vicious circle that you think you see. It would have been all over by now - without all the intellectual sparring and head-banging that go on, on these immigration forums. Pakistani terrorism would have been a moot point - a non-issue.



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  • Administrator2
    04-08 07:22 AM
    I might be interesting to check with a lawyer whether:

    H1B extensions based on I-140 (beyond 6 years) are same as normal H1B extensions(without I-140). In other words, if someone has an I-140 approved does this bill still affect his H1B extension petition(assuming he is consulting)?

    We have already checked with an attorney before posting this thread. You are welcome to check with an attorney and post your attorney's opinion here, for other members.




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  • alterego
    07-13 02:18 PM
    First off, we are here to get our GC faster so the effort is commendable.

    However, I was also wondering about the old interpretation of the law. After the EB2-ROW numbers fall through to EB3-ROW and presumably make it current, the excess numbers go to EB2 China and India or does it go to EB3 China and India? Glad that someone else also caught this.

    In the old interpretation after EB3ROW, it would be EB2C and I and then finally EB3I.



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  • Rolling_Flood
    08-05 08:22 AM
    A person's skills don't decide EB2/3........the JOB REQUIREMENTS do........how many times does someone have to repeat this till you finally get it??

    And as i am re-repeating myself, if someone is not satisfied with EB3 wait times, they should of course try to file EB2 or EB1, but NOT at the expense of EB2 filers, they should NOT BE ALLOWED TO JUMP THE LINE.

    Thanks.


    What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....




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  • anjans
    07-14 02:05 PM
    guys, it is very frustrating to be waiting for GC 8yrs from applying! with you there. But As VB says it will come to FY03 levels in Oct so, it is just a few months away.

    Also, who gets EB2 vs EB3 is decided on the job requirement. If we believe that we have been able to "fool" the system to get into a higher queue priority, if reflects that we have broken rules and calls for re-auditing all applications.So bringing up something which cannot be substantiated should be avoided.

    I realise that a new kid in the block with a 5 yr exp or MS comes to US and applies in 2008 for PERM, at this rate EB3 from 2004-2008 run the risk of syaing put till all the new EB2's clear up as that queue will be serviced fast, but i guess the problem is that people who changed jobs and used previous exp are going to benefit whileas people who joined their first job and stayed there till GC will suffer...unfortunately there is not much that can be done , except fight for visa recapture.

    It is not about ppl, USA values a phd level job vs a MS level job vs a B.S level job, and would rather incentivice them in that order. The fact you qualify for M.S level job today means that you may have to go out take it and recertify your LC.

    I dont think EB3 ppl are jealous. But dont react with emotion.



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  • srr_2007
    04-07 12:17 AM
    My understanding H1 B employers (mostly desi companies) are root cause of this situation by abusing H1 b program, they have made enough money by sucking H1 employees blood, now hey are equally affected it is time for them to share some of it and fund all the efforts to curb these kind of Bills.

    Please forward the text of this bill to all your employers and ask them to join hands with IV.

    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.




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  • wandmaker
    08-09 02:04 AM
    Persons staying on will receive as much SHIT (Special High
    Intensity Training) as possible. Management has
    always prided itself on the amount of SHIT it gives
    employees. Should you feel that you do not receive
    enough SHIT, please bring to the attention of your
    Supervisor. They have been trained to give you all
    the SHIT you can handle.

    Good one :D For many unskilled, it is the reality.




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  • GCappli
    11-11 12:52 PM
    Hey its too late to reply but is there any update on this one ..Did the employer revoke his h1b .. In case he did he is out of status ..But if he didi not and employer ..employee relationship existed .. Then it is not considered out of status because one can show leave of abscence ..
    There are various CIS memos which have the out of status interpretation ..




    desi3933
    08-05 03:26 PM
    It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.

    Incorrect. Read for yourself.


    Sec. 204.5 Petitions for employment-based immigrants.

    ...

    ...

    (e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.


    ____________________________
    US Permanent Resident since 2002




    vivaforever
    08-09 11:29 AM
    An immigration related - Not sure if it is posted yet !


    In a poor zoo of India , a lion was frustrated as he was offered not
    More than 1 kg of meat a day.

    The lion thought its prayers were answered. When one day a Dubai Zoo
    Manager visited the zoo and requested the zoo management to shift the
    lion to Dubai Zoo.

    The lion was so happy and started thinking of a central A/C environment, a
    goat or two every day.

    On its first day after arrival, the lion was offered a big bag, sealed
    very nicely for breakfast. The lion opened it quickly but was shocked to
    see that it contained few bananas. The lion thought that may be they cared
    too much for him as they were worried about his stomach as he had recently
    shifted from India .

    The next day the same thing happened. On the third day again the same
    foodbag of bananas was delivered.

    The lion was so furious; it stopped the delivery boy and blasted at
    him,'don't you know I am the lion...king of the Jungle..., what's wrong
    with your management? What nonsense is this? Why are you delivering bananas
    to me?*

    The delivery boy politely said, 'Sir, I know you are the king of the
    jungle ... but... you have been brought here on a monkey's visa !!!

    Moral of the Story....Better to be a Lion in your own country than a
    Monkey elsewhere.



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