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  • GCScrewed
    07-13 06:04 PM
    willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
    Whether EB1 is presently retrogressed or not doesn't matter.
    Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
    Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.

    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.





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  • satishku_2000
    05-16 06:30 PM
    It is very simple -- the 'consulting on the bench' business is ILLEGAL. You can have any opinion on it you wan't, but the bottom line is it is against the law. If you can't meet the legal requirements, you shouldn't be here in the first place.

    And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.

    It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.

    What are the SKILLS that are so unique to you in the world? What makes you think everyone is less HONEST and less SKILLED than you are?

    I have seen in many cases why companies wants consultants is because consultants are much more skilled than their regular employees and companies are willing to pay a premium for consulting services.





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





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  • sledge_hammer
    03-23 03:11 PM
    I'm sure you meant Larry David ;)

    Did you send Seinfeld a royalty? :D
    -a



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  • Macaca
    07-08 10:48 AM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    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.

    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).

    I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?





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  • axp817
    03-25 09:10 AM
    When United Nations talks, I listen.

    And learn.

    I'll go back to listening now.

    Thanks,



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  • Gravitation
    03-25 05:29 PM
    If you make money using Biggerpockets... send me $100.:D

    If I make money from a due to a piece of information or knowledge directly obtained from biggerpockets, I'll buy you a beer! :D





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  • Macaca
    02-26 04:54 PM
    From here (http://www.washingtonpost.com/ac2/wp-dyn/comments/display?contentID=AR2007022301697&start=101). At least Lou Dobbs is not quoted here.

    If you want a Lou Dobbsian economy - take a look at France. That is the economy that comes closest to what people like Lou Dobbs are advocating.



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  • desi3933
    07-08 10:20 AM
    1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

    2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

    3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

    Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.

    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.





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  • cinqsit
    03-24 07:03 PM
    When I first started to get to know consulatants and staffing companies; I thought that this whole bribe system; creating positions at end clients; how consultants got selected, etc., was a big racket.

    However; when I did introspection of how things worked in my industry; I pretty much concluded that it was done in same way but at much, much higher levels.

    USCIS is just keeping it pretty simple these days; show us that there is a job with an end client that requires a degree. They pretty much know that it is impossible. Even if you can get one; they pick on it pretty good and still deny it.

    The system was actually designed for staffing companies when you think about it. When h-1b was first created; no one would have used it if it wasn't for staffing companies. Typical US companies wouldn't have the network to get foreign employees unless they were already here. To get them from a foreign country then the only companies who can really do so are the staffing companies.

    The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.

    I always thought that there are people from around the world who want to come here but can't because they are not part of the "system". You can see this in the greencard lottery. Almost 9 million people apploy to get here through this. If they had their own country people looking to get them here then there would be a more equal distribution of visas.

    I think people need to step back and think that this is one of the reasons why they have country quotas. No matter what people think that they re being hired for their skills and that employers don't care about their nationality; people need to understand that a "system" has been designed that is benefitting a few nationalities. Once you can get here then you can find your way. However, if you can't get here then you can't find your way.

    Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.

    So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
    on the other hand how do you put an end to this misuse ?

    Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"



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  • unitednations
    07-09 01:03 PM
    UN..after I read your story..

    god..you r so gutsy.. must appreciate you..!!


    Just follow the law. There are lots of protections in it for us.





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  • Macaca
    12-28 06:54 PM
    The India-U.S. Relationship in 2010 (http://blogs.wsj.com/indiarealtime/2010/12/28/the-year-that-was-india-and-the-us-in-2010/) By Tripti Lahiri | IndiaRealTime

    Indian and U.S. relations went through both highs and lows in 2010, with roadblocks on nuclear cooperation and outsourcing creating some rifts in a relationship that is strengthening overall, as U.S. President Barack Obama said on his first visit here in November.

    Here are five India Real Time blogs that present a sense of the diversity of the political, economic and cultural ties between�yes, we have to say it��the world�s oldest democracy and the world�s largest democracy.�

    Sure, some Americans still see Indians as job-stealers. During the Arkansas Democratic primary earlier this year, a group called Americans for Job Security tried to capitalize on that perception with an ad that had various Indian characters thanking candidate Bill Halter for sending them jobs. Many Americans, and not just those of Indian or Asian descent, found the ad a wee bit tasteless.

    And sometimes India still feels on unequal footing with the U.S. The verdict this summer by a Bhopal court in the Union Carbide pesticide plant gas leak case of 1984 stirred up grievances India still harbors towards the United States from a time when the country wasn�t viewed as an emerging nation and had little ability to bargain with the American superpower.

    This year seven former Indian executives of the now defunct Union Carbide India Ltd. were found guilty of negligence in connection with a disaster that killed thousands. No American executive stood trial and Union Carbide Corp. the parent company, never admitted negligence though it did agree to a $470 million settlement five years after the leak. The feeling that an American firm had got off lightly because it hailed from a country more powerful than India sometimes still rankles and set off a cry again this year to extradite then Union Carbide Corp. chair Warren Anderson, now in his eighties.

    But couch potatoes in both countries can still share a laugh at and with each other. Following the theory that the best comedy comes from the things we really want to cry about, as Americans complained about job losses and Indian IT firms complained about a hike in skilled-worker visa fees, NBC waded into the fray with a sitcom called �Outsourced.� Reviews for the show, which premiered in September, and comments from India Real Time readers , were mixed.

    Culturally, the two countries exchanged some things. From motorcycles to Broadway-inspired theme parks, India drew a lot from the United States. Meanwhile, Indians are now providing suits to Obama and recipes to the rest of America. And at least one Indian-American came to greater prominence in the United States.

    And the most powerful man in the world (or second-most, with China�s Hu Jintao apparently ahead this year) says the two countries have overcome the coldness of the past, when India aligned more closely to the former USSR. In his landmark address to Parliament Mr. Obama said that India and the U.S. �have an historic opportunity to make the relationship between our two countries a defining partnership of the century ahead.� He also said the two countries must work together to create jobs, fight terror, promote democracy around the world.

    Of course, in order to achieve all those things, India Real Time suggested that the two countries, like any couple that is in it for the long haul , must work out the kinks in their own relationship.

    India U.S. Ties in 2010 (http://online.wsj.com/article/SB10001424052970203731004576046822308542558.html) By IndiaRealTime



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  • javadeveloper
    08-02 01:31 PM
    Your wisdom is amaizing and we are happy to see you and request you to help clear the darkness of GC for many souls.

    I second you !!! I also heard from my co-worker that UN's wisdom is awesome.He is so popular.





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  • SunnySurya
    08-05 02:21 PM
    Almost all the porting cases I know falls in that category. Only those people who has resources and means to do this will be able to do it. And guess who are those people...

    I understand that case you described in your example. This may be case of "misuse". But does it happen in most of the cases where PD porting is requested?

    Also, misuse happens in other areas. For example, how many GC Future jobs are jobs in real sense. One thing leads to another. It can open can of worms.



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  • immique
    07-14 01:48 AM
    well said. people should realize that EB visa system is based on principles that are thought to benefit US. retrogressed EB2 categories cannot whine about EB1 saying that EB2 should be current also. personally I know many Physicians who have applied in EB2 and have been waiting for years even though many of them qualify for EB1. In the same manner EB3 cannot complain about EB2 saying that spill over should go to EB3 when EB2 is itself retrogressed. remember that the directive for the correct interpretation of the law came from Congress itself. This has actually revealed that EB2 was unfairly disadvantaged last year when all the spillovers got passed to EB3 while EB2 was unavailable. They may even consider to compensate retrogressed categories in EB2 with all those Visa numbers that were improperly given to EB3 ROW by giving EB3 ROW visas to EB2 retrogressed categories from this years and next years quota. I totally understand the plight of EB3 I and agree that there needs to be a solution for this. But complaining to State Department or USCIS will not change a thing as they are only there to follow the laws and not make any changes to the existing laws. campaign from the whole EB community has not produced much result this year to eliminate retrogression. I don't think campaign by one category (EB3) from just one country (India) is going to achieve the result by this letter campaign. rather, the efforts should be concentrated in ending retrogression for all the categories through effective legislation and can only be achieved by cooperation between all the categories.

    Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

    Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

    Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"

    I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.

    To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.

    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.





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  • unitednations
    03-24 04:30 PM
    You would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.

    I think it is mainly for graduate students who are researchers or professors right?

    I know my brother went this route and the graduate students/post doctorate students don't get paid much. I thought that was changing though.



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  • micofrost
    01-11 02:13 AM
    Muslim World and Non-Muslim World.

    Allothers saying abt secularism is just BS. I seriously doubt if the secular credentials will ever come from the heart.

    All the muslims are now united. And the ignorant ones are brain washed to become Jihadis.

    Problem is going to be more acute in the next 15-20 yrs. All these so called idiots( Jihadis, my balls), getting killed are leaving behind tonnes of kids. They will become even more fanatic and will go on rampage once they reach their teen age or youth state. How do we stop this cancerous issue is a trillion dollar question. The extent of hatred among these misguided youths have reached such a state, like a mad dog. Only treatment is to wipre them out.
    Unfortunately like cancer, there is no cure to this problem either.

    Countries like Israel, will kill a few muslims, all these false secular credential holding country will raise a hue and cry, and the war will stop. Will they succeed in even stopping the further malignant growth of this evil culture ?

    I honestly think not possible. These homo mullahs, are hiding in the schools thinking its safe to attack the enemy from a UN school compund. And our IV friend, ID" RefugeeNew" is saying Isrel killed innocent kids.

    Wht the f*** these Hamas guys dont openly fight with Israel. A terrorist organisation, by intimidating the people, was able to form a govt. NEither the govt nor the people who elected them as ovt, has no place in this free loving society or world.

    I would like to ask Mr "RefugeeNew", about any comments on talibanisation of Afganistan. Can he explain abt the "Sharia Law".

    You want to hear my views. Or even the world's opinion on this. "You idiot b****rd".





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  • sanju
    12-19 10:18 PM
    Looks like time to shutdown IV site..

    I suggested long time back .. do not allow anyone to start the threads ..

    Only allow users who are active contributors to IV budget.


    Now this site is becoming like yahoo chats ...

    God help Immigration community ...

    EB3 is not moving ...EB2 dead stop ...


    sriramkalyan,

    I find it irritating that every now and then, some tom dick and harry comes to these forms and say - "time to close down" whenever you see something that you don't like. Frankly, this shallow view and negative attitude is irritating.





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  • gcisadawg
    01-07 04:39 PM
    Yes Nanavati commission found Madresa in Godhra was responsible!

    Congress Spokesman on Nanavati Commission

    “We are not surprised at all the findings. It cannot be called a bonafide investigation. The way the committee was set up, its tenure was extended, large numbers of witness, deposed expressed their disappointment it creates ample doubts on its findings,” said Shingvi.

    BJP Spokesman on U.C Banerjee Commission.

    “It has now been proved that the truth has come out. Banerjee had rushed to its findings without taking into account other facts. It was ill-prepared and ill-conceived. UPA has even tried to prove that the burning of Sabarmati coaches were indeed an act of mass self-immolation by the karsevaks. Lalu Prasad yadav had also tried to prove it as accidental.”

    “However, these findings has vindicated that it was not accidental. We now request any further proceedings should now be taken taking Nanavati Commission’s findings into account,” said Prakash Javedkar.


    Meanwhile, The Supreme Court on Tuesday granted time till December 31 to the R K Raghavan Committee to complete the probe into the Godhra train burning incident.

    http://www.rediff.com/news/2008/aug/26godhra.htm

    The bottom line: We have all kinds of report. Nobody knows which is closer to the truth. What would a common man do?





    alterego
    04-09 06:04 PM
    I have read this thread for the most part, I think everyone seems to agree that the H1b program is in need of some modification. Each person's view seems to be coloured by his or her own circumstances.

    In the end it all depends on what you feel are the purposes of the H1b program. If you feel it is meant to plug holes as they arise in the higher end labour market in the USA, then you would be more likely to support regulations tightening it. If you feel it is a stepping stone to your green card, you might feel otherwise.

    NOONE can argue that for EB india the main cause of the clutter is the bodyshoppers and their way of using this program. That needs change and almost certainly will be changed. If for no reason but that it puts US corporations at a competitive disadvantage. We are all bystanders in this discussion.

    Whatever is done this mess needs to be cleaned up and soon. It is most unfair to everyone in the EB queue(and especially the Eb India queue). I would hasten to say it is unfair to even the H1bs working for bodyshops.
    Those not in that group would actually be right to scream "Bloody Injustice!"





    Refugee_New
    01-07 10:00 AM
    Israel is doing this for their safty. They are a soverign country and attacking the terrorist. Hamas don't want cease fire, then why they expect mercy. If they don't want to stop the war, then why other people raise their voice. Mind your business.
    They are not occupy any body's land. They live there from thousand of years, which God given to them. When they not recognize the saviour and cruxified, God's wrath fall upon them and they are disperesed. But to fulfil the Holy Bible prophesy, they regain the land and living there. No force in earth to distroy them. They are surrounded by hostile nations. Still they are surviving.
    These Arabs during and after the time of Mohammed tried to conquer the lands, and they occupy the land of Jews. They occupy the Constanople, where the biggest church situated, and they anexed to ottaman empire, now Turkey. They slaughtered everybody in that city. They did it in Syria, Egypt in AD1100. They distroy their culture, language etc. They cut the tongue, if anybody speaks the local language Syric in Syria and Coptic in Egypt. You can ask the minority people from these countries or read history. Barbarian Arabs conqured Indian subcontinent and convert the people by force. So Islam is not a religion of peace. It started with violence and end with violence. Every religion, religous people will be pious, but in Islam, they become terrorist. Satan is controlling these people. Sorry to say that. But it is true. In the last days, God punish these evil people. May all wiped out.

    See this web site for more detailshttp://www.faithfreedom.org/Articles.htm


    I know this is your ideology and this is what your religion preach you. You preach and practise this quitely while blaming and killing people of other faith. Good strategy though.



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