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  • walking_dude
    08-05 10:39 AM
    Cases related to Immigration Law cannot be filed in regular courts. Only immigration courts/Judges can decide on matters related to immigration.

    Filing a case is one thing and winning it is a different thing. You guys will need an attorney who knows the ins-and-outs of Immigration law to win this case. I'm not surprised if AILA and USCIS (who have strong ties with AILA) oppose it in court. You guys think you can argue your case against these seasoned attorneys - without hiring an immigration lawyer, and win it?

    All I am saying is don't take decisions based on emotion. Give reality a chance.

    I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.

    Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.





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  • sledge_hammer
    06-05 02:14 PM
    It would be the most foolish thing to do to pay cash for your home, no matter how small your starter home is. If you make let's say 20% down, then you leverage is 80%, and so you are building equity on 100% of your home by only putting down 20%. The interest you pay on it now is 5%. What other investment can you leverage 1:4, get tax deductions on your interest, AND build equity?

    You may argue that margin buying is the same. But is that's not tax deductible!

    >> First off, a house is really both an investment and a home.

    If you look at the historical rate of appreciation vs. the risks involved - I think you will come to the same conclusion as I did - that it is a lousy investment in mature markets like US.

    The scenario is different in India. I believe (based on my assumptions and calculations) that the risk/reward ratio is much more favourable there.

    The intangible value of a "home" is the only reason I will ever "buy" a house here - because it is a lousy investment. For me - that tipping point is when I can afford a starter home for cash (it is a differnet topic that I will take a mortgage even then. If there is any problem with the title - the mortgage company is there to fight for me - so it acts as a second layer of insurance). It should not be as far off as you think if you are ready to settle for a small starter home AND actively invest (rather than spend) the principal payment you would have paid towards your mortgage every month.





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  • apt7
    05-30 05:16 PM
    According to wikipedia the def of a consultant is..

    "The main difference between a consultant and a 'normal' expert is that the consultant is not himself employed with his client, but instead is in business for himself or for a consultancy firm, usually with multiple and changing clients. Thus, his clients have access to deeper levels of expertise than would be feasible for them to retain in-house, especially if the speciality is needed comparatively rarely. It is generally accepted good corporate governance to hire consultants as a check to the Principal-Agent problem."

    Consultants have more exposure to the corporate environment than the full time empolyees who do the work as same old same old. Consultants usually and rapidly cater to the needs to the corporate needs of course chanrging huge fees unlike the FTEs.





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  • sroyc
    08-06 10:41 AM
    I'm not a lawyer but I think it'll be hard to prove that A qualifies for EB2 given that he/she does not have a Masters or 5 years of experience in a related field.

    Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.

    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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  • Macaca
    12-29 07:13 PM
    Rights activist's life term sparks protests across India (http://www.washingtonpost.com/wp-dyn/content/article/2010/12/28/AR2010122802579.html) By Emily Wax | Washington Post

    Street protests spread across India this week after a court handed down a life sentence to a prominent activist and physician who has long drawn attention to the country's growing economic inequalities.

    In a case that has prompted denunciations by international human rights groups and scholars, prosecutors said Binayak Sen, 60, had aided Maoist rebels in rural India, visiting Maoist leaders in jail and opening a bank account for a Maoist, charges that Sen denies. Human rights activists allege that police planted evidence and manufactured testimonies, and Indian judges have criticized the Dec. 24 judgment.

    Soli Sorabjee, a former attorney general, called the ruling "shocking."

    "Binayak Sen has a fine record," he said. "The evidence against him seems flimsy. The judge has misapplied the section. And in any case, the sentence is atrocious, savage."

    Sen, a pediatrician, has worked for decades to help people displaced by violence and government land seizures in India's mineral-rich regions. Despite the country's booming economy, hundreds of millions of Indians remain mired in poverty - a stubborn inequality that has helped fuel a deadly Maoist insurgency in as many as 20 of India's 28 states.

    The ragtag Maoist rebels, called Naxalites after Naxalbari, a village in West Bengal state where the movement was born in 1967, seek to gain power through armed struggle. They claim to fight for the poor and India's marginalized tribal groups but have also been accused of widespread atrocities. Prime Minister Manmohan Singh has called the Naxal movement the "biggest single threat to India's internal security."

    Sen, who was arrested in 2007 and was not granted bail for two years, says he was targeted solely because he was a vocal critic of the government's use of armed groups to push villagers out of mineral-rich forest areas. His sentencing comes as major economies, including the United States and China, are seeking access to India's growing markets - a sign of the country's emergence as an economic superpower.

    "Anyone in India who dissents or questions the superpower script is ostracized," said Kavita Srivastava, national secretary of the People's Union for Civil Liberties, of which Sen is a vice president. "Sen's arrest is happening because this government is extremely anti-poor. Our much-praised 9 percent growth is coming at the cost of displacing millions of people with land that is being given away for mining and corporate development."

    Sen's difficulties with Indian authorities have drawn global attention before. In 2008, an effort led by 22 Nobel laureates failed to secure Sen's release on bail so he could travel to Washington to receive the prestigious Jonathan Mann Award for his efforts to reduce the infant mortality rate and deaths from diarrhea.

    This time, protests erupted after a court in the eastern state of Chhattisgarh convicted Sen on two counts of sedition and conspiracy, sentencing him to life imprisonment. He was found not guilty of a third charge of waging war against the state, a crime punishable by death.

    A growing number of Indian intellectuals and human rights activists have spoken out on his behalf this week.

    "Binayak Sen has never fired a gun. He probably does not know how to hold one," historian Ramachandra Guha wrote in the Hindustan Times. "He has explicitly condemned Maoist violence, and even said of the armed revolutionaries that theirs is an invalid and unsustainable movement. His conviction will and should be challenged."

    Sen's wife, also a doctor, said in an interview that she is launching an international campaign to do just that.

    "He is a person who has worked for the poor of the country for 30 years," Ilina Sen said. "If that person is found guilty of sedition activities when gangsters and scamsters are walking free, well, that's a disgrace to our democracy."


    Nobel Laureates Unable to Win Release of Doctor (http://www.washingtonpost.com/wp-dyn/content/article/2008/05/29/AR2008052903578.html?sid=ST2010122803216) By Nora Boustany | Washington Post





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  • unitednations
    08-03 08:25 PM
    Here is my case details

    In US from Feb 2000 - till date
    PD :Aug 2002
    I140 approved on Aug 2004 (no rfe)
    I485 rcpt :sep 2005 pending for approval...

    worked with Company A and 2002,2003 w2's are way too low 9k and 25k. Went to home country for vacation 3 times on 2004, 2005.
    my 2000,2001, 2004,2005,2006 till looks okie.. I dont have any other overstay or other issue.

    Applied I485 on
    2005. I guess my attorney filed my 2003 w2 with my i485 petion.
    I chaged from company A to company B on 2005

    Will im in trouble? UN or somebody can please help?


    You should be ok. don't know why your attorney would have proactively send in the 2003 w2 when it hurts more then it helps. Looks like you were one of the unlucky few who didn't get approval in early july.



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  • unitednations
    03-26 02:32 AM
    http://immigrationvoice.org/media/forums/iv/temp/forum_attach/temporaryjob140denial.pdf

    The above link is one of those 35 straight denial decisions due to temporary job issue in 140.

    It was from california service center. I do know of another pretty large company which same thing happened to.

    However; this issue was confined to california service center and I have not seen it since.





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  • rockstart
    07-14 03:37 PM
    Because when Eb3 ROW were getting approved they had no personal friends getting approved but suddenly now with Eb2 India moving forward they know people who will get GC soon and this hurts, when then see these people (friends) in temple or get together who will be (soon) GC holders and so this cry of fowl play comes in behind the mask of anonymus user id a vieled attack


    All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.



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  • alterego
    07-14 04:32 AM
    Why are you so worried about this initiative. Do you think an official at USCIS will read a letter and change the process in one day. If you think so then i wish you had written a letter during the letter campaign, we needed someone with your 'positive' attitude. I have sent letters to everybodies uncle and this is my 8th year waiting in EB3 and 12th year in US. Give us a chance to express our thoughts and wallow in our black hole.

    We as EB3 feel that we got a raw deal due to a change in the intrepretation of a law. There is nothing wrong in sending a letter to express our opinion.

    You can send a letter to thank USCIS for helping EB2 and the fact that you have an MS and that makes you great etc...(isnt this what every other post says, disregarding the fact that EB3's have people from top US universities too, there top universities around the world. I guess that you guys or the USCIS thinks that 5yrs consultancy at desi bodyshop with manufactured resume = 2yrs MS at Yale). Nothing against you, let us post a simple letter and get on with our miserable lives.



    That is exactly it. This letter sounds desperate. Not exactly a recipe for success. Merely a shot in the wind, with no plan, and it is directed at someone with no power to legislate. Additionally, a few people mention they want to make him aware of this situation. Don't you think as someone who sets the PDs monthly he is aware of it already? He testified in front of congress recently about it.
    Getting the interpretation of the law changed is not going to happen especially after they changed their interpretation recently with congressional input.
    It is entirely up to the employer (except EB1OR and EB2NIW which are self petitioned) to file in a particular category. It should be based on the job description. If someone feels their job was EB2 qualified but their employer filed only in EB3, then they could consider moving jobs. Once the 140 is processed, the law allows a retention of PD across EB categories which to my mind is fairly generous.
    This letter cannot achieve anything, it in no way helps with the visa recapture. That is the only thing that helps everyone EB2, EB3 and EB3ROW. Visa recapture has a moral argument that is stronger ie. the Gov't agency involved did not process efficiently and wasted numbers while there were immense backlogs and it was the intent of congress to approve 140K visas a year in EB immigration so lets redress this...........
    This letter is certain to cause a distraction for all and lead to internecine warfare between EB categories. EB2I will most likely have a retrogression again in the Oct, bulletin and we will be back to the old scenario.

    Additionally, after 7 pages, I have not seen a single post explain to me how either spillover method ie previous vertical or newer horizontal spillover will help EB3I. Either way has to go through the gate of Eb2I and C. One can argue that since they had the wrong interpretation of spillover for nearly 2 yrs, those visas should be redirected in favor of EB2 I and C.
    Ultimately this is not the type of solution we need to our issue. We need to overall pie to be bigger.





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  • xyzgc
    12-31 01:29 AM
    Dear xyzgc,

    As a fellow Indian I understand your anger about India's inaction. In no way India can match America.

    Look which countries America attacked after 9/11 ?. Hopeless Afganistan and throughly beaten Iraq. These countries are no match for America.
    America can attack half way from the globe and attack other unequally matched countries. Do you think US will attack Russia or China like Afganistan? It will think thousand times because of sure mutual destruction it will bring. Now Israel is thrashing Hamas which is not at all a regular army.
    Do you think Israel will touch Iran ? Iran will torch Israel.

    So, it is the kind of measuring the capacity of the enemy and acting accordingly.

    If India attacks Pakistan, Pak will surely use their Bramastra which is atom bomb.India again retaliates with another 10 atom bombs and full Pakistan and half India will be in ashes. Do you want that ?

    Again , this kind of massacre may happen in future . Who knows ?. But, I am sure we can't hit Pak like America.

    I am also thinking in line with Alisa's . To avoid castration from US army , these Taliban kind of people send some misguided youths to attack, thereby diverting the issue and diverting the Pak army to India border.

    The only way to solve this problem is the self realisation of Pakistan . Terrorism is like a double edged sword. It will harm both parties.

    " Unless the thief understand and realizes his misdeeds , nobody can destroy theft " - Famous Tamil poet Pattukotai Kalyanasundaram.

    Pakistan is no Iran and India is no Israel. Pakistani cowards will not use Bramastra. They know it will bring their own destruction. These people are such cowards they won't even fight a regular open war, because they know they cannot win - it took them 4 wars to realize that. Where is the question of Bramastra?
    The best they will do is to keep biting and nibbling our flesh by sending in the terrorists and these are the very terrorists we must attempt to root out.

    I would have ordinarily appreciated the lines you quoted from Tamil poetry. I am very fond of poetry myself although I don't understand Tamil.
    But there is a big difference between small time theft and terrorism and the same idea can't be extended to it.
    And do you think we should continue to invite terrorists, while we wait for degraded, corrupt Pakistani dictators to attain self-realization?

    Amma, I know you have excellent values and this is a very nice quote, but these values won't curb terrorism. Gandhi was a saint but the entire world is not a saint.
    These mass-murdering islamic hordes, this floating sewage-crap, need to be wiped out. Nothing else will work.



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  • ssa
    07-13 10:59 PM
    I agree. It would be 100 times easier to re-file under EB2 and port your PD individually than to get USCIS/DOL to change their rules (howsoever they choose to interpret it). Just see what % of our previous campaigns were successful in the past in spite of all our efforts...

    On a related note, after reading this long thread I couldn't help but wish all other IV campaigns (admin fixes, fund raising, house bills) could arouse such passion and involvement from IV members. Now, I'm NOT saying any particular category (EB2 vs Eb3) volunteers more than the other - its just matter of individual initiative, period - but it seems somehow our collective psyche is at ease as long as we all are stuck in the rut as a whole. Efforts to get ALL of us out of this mess do not fire up this much passion..





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  • DoNotWorry
    04-13 09:41 AM
    I agree fully on this. Working/staying more hours at office does not mean, he/she is "really working"

    I saw some people, get used to this trend and ignore their families, pity on them!!!!


    When in college students used to rag others just because they were ragged when they joined the college. It�s not because they want to, it is just because they went through it. Indian software companies are just like, I worked enough in software industry and I have even been on call 24 hours but the truth is, it was never 12 hours or 10 hours work every day. Yes, occasionally I had 12 hours work which is the same in every industry and I used to get calls in the middle of the night at least once or twice during the night, but its not 10 hours work everyday. We want to impress our boss by working 10 hours, that�s the truth; it�s not that your boss wants.

    Similarly, in India people go to work on Saturday not because they have work but to show their face to their PM. Even if God comes down and says that people in India work 10 hours everyday, I cannot believe it. They might be in office for 10-12 hours but that does not mean they are working. It is the people who should be blamed for this. Yesterday�s programmer or today�s PM, and they expect the programmer to be there in the office for 10 hours just because they went through it. I am an ex TCSer, things worked exactly as I said. It is never going to change. All these talks about stress and coding 10 hours straight come on.....:cool:



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  • senthil1
    04-08 07:28 PM
    Finally anti immigrants will make the immigrants to fight to keep atleast whatever they have it now. If we want EB reform we may have to accept some H1b restrictions. Otherwise get ready for status quo and wait years and years to get gc with same H1b mess as this year. If you ask liberal H1b and liberal GC then you may not get anything. I will be surprised if Strive bill passes without meaningfull H1b reform. The situation is completely different from 1999 or 2000. If they bring multiple anti immigrant bills then everything may be dropped. Best way is to introduce that 50% of hires should be US workers. That will be best bet and that will not have any impact on current H1b holders


    Hi pitha,

    Thanks for posting this info. Could you please share the source of this information?

    None of us should take this bill lightly. There is a saying - "one should never watch sausage or law being made". The guys who vote on the bills, in most instances, don't actually know what they are voting on. Most lawmakers may vote in favor of this bill as the anti-lobby is warpping this bill around a message "this bill is to enhance protections for American workers, so are you going to vote against American workers?" As such most lawmakers could vote in favor of this bill. The current environment is very dangerous where most people watch news in the sound-bites and half of the Senate is running for President. In such an environment, if you ask Obama, Hilary, Dodd, McCain etc., they are all likely to vote in favor of this bill, without going into the nuances and actual implications of this bill. None of these guys would want to be headlines saying something like �Obama is against American Works�. No one will actually care to look at the long term implication of such a bill whereby most of the IT jobs will be outsourced.

    From tomorrow, we should all email and inform everybody that we can, including our employers. What is the direction from IV core? We are all waiting for the matching orders��.





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  • milind70
    07-10 12:51 AM
    desi is correct...



    Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.

    However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.

    This is where the problem occurs:

    H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.

    Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.

    Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.

    Bottom line: your last action generally overrules your stay.

    Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.



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  • nojoke
    01-01 02:26 PM
    earlier even I had views like yours (one of our close friend was killed in 1993 blasts) ,,but think with a cool mind ..war will just lead to loss of more lives, economy everywhere will be devastated and you get more hardcore idiots/fundamentalists ..you don't set a house on fire to kill few rats ..there are changes happening ..pakistan has killed many terrorists on its borders
    lets first see where we Indians are at fault ..which did congress (I) remove POTA, why were they (BJP included) advocating more train/bus tours with pakistan, why grant them visas at all ..why can't India fortify its borders (apparently politicians have tons of money for foreign tours and medical visits ..VP singh, kamal nath , there was one politician from Tamil nadu who spent crores and crores in a hospital in texas) ..why can't they give proper salary, weapons, immunity to police force ..why do they give special status to Indian muslims (instead of trying to integrate them in the main stream), why the HAJ subsidy ..I can go on and on ..lets first focus on changing these things before talking about war

    There are more problems to solve. But we don't need to tolerate another problem from pakistan. Do we need to wait to clean up our mess, while pakistan creates more mess in our country. No country is perfect. That is not a reason to allow another country to threaten and 'bleed by thousand cuts'. Even the most advanced countries(including USA) is not without corruption. But these counties do act when attacked. d





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  • jasmin45
    06-05 08:13 PM
    Do not take that snipet out of context.. Innovation, research and development, that you have talked about was in the past. Do you know that Boeing has a R & D Lab in bangalore? So does many globals.. They are already doing modelling and simulation at those centers :). When they made it difficult for innovators to get here.. jobs left US to go to innovators.. .Same will happen with Technology soon :)

    By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?

    I couldn't agree more with you on this.



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  • GCwaitforever
    05-31 06:01 PM
    Lou is an arm-chair critic. I have nothing more to say.





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  • alien2006
    08-11 12:55 PM
    dont know about lou's total viewership but every day his online polls have less than 15,000 respondents

    http://www.cnn.com/POLLSERVER/results/26653.exclude.html

    i m sure its basically everybody who is a member of numbersusa, fair and other nut job establishments

    The less we talk about his polls the better. Notice how every poll of his is swung to one end of the spectrum. His polls are the most ridiculous thing on the face of the planet.





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  • pthoko
    07-11 10:10 AM
    pthoko..

    wait for UN's reply

    but I think it is better to be honest on the G328 form and not lie as it mentions in coconut sized letters that we r mentioning the facts and signing the forms. Later on they will have all the rights to ask proof documents thru RFE for paystubs,w2 etc, after that we cannot lie anymore and might land in further mess. we submit all the H1/L1 approvals at the time of 485 filing..they can just enter the case# and get the whole history of the case...

    AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..

    * i140 stage,only the companies financial records r checked,you even need not be employed with them when you r filing the i140.
    * 1st time stamping in Canada/Mexico for H1b is not possible I think as it has to be done in home country,unless you have a US Masters.

    btw...I have a question, does your H1b approval have an i94 attached with it...? hopefully ..yes..

    YES my H1B approval had an I-94 attached with it. Same no: as my L1 I-94.

    Thanks.





    logiclife
    12-26 04:40 PM
    What Channel?





    nogc_noproblem
    08-29 09:03 PM
    Dog Philosophy

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    � If you think dogs can't count, try putting three dog biscuits in your pocket and then give him only two of them. - Phil Pastoret



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