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  • SunnySurya
    08-05 10:44 AM
    May I ask, why you agree with PD porting and not labor substitution... Was it because you were affected in later case?
    Let us face it , we all are selfish. And if our self interest match then we are an organization.
    here is another point:
    i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!





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  • gc_check
    04-08 06:45 PM
    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��.

    There was some discussion about H1B Program in CNN's Lou Dobbs program today and not surprised, as usual it was all against H1B... He had people form Programmers Guild speak and they mentioned about this Durbin-Grassley Bill and he also mentioned that in the house a similar Bill will be introduced by Congressman Bill Pascrell.
    http://www.pascrell.house.gov/
    Looks like, the Anit-Immigration / Anti- H1B/L1 are executing an already well planned strategy. We need to do something on this� else as someone wrote in some forum; this will be a slow-bleed and will eventually kill the h1b program. Now or never, we need to join hands and have to do what is possible to assist the core and ourselves.





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  • chanduv23
    03-23 03:50 PM
    well..you hit nail..yes..I initially worked with that company that started with S**..but I changed them after 1 year after coming to US

    So, keep cool. Talk to an Attorney. use a good Attorney for everything from now. You can forward the email request to the Attorney and go from there.





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  • SunnySurya
    08-05 11:21 AM
    You certainly made yourself very clear. You are the most logical person , I have ever come accross. :p
    Labor substition was never yours to begin with...

    EB porting..you are already in the queue...you change ur job..go through the rigours of GC ..ad ..wad and lose a pad of money...then "IF" you are lucky you can regain ur position in the queue.... and looking at the 140 backlogs..anyone attempting to port his PD will end up getting stuck in the muck..;-)

    let me explain with example my friend:

    there is a blond ahead of you in the line....and suddenly she gets a nature call..she goes does her thing and returns...and she wants to regain her rightful place...

    now u my friend have a million dollar question: will u let her get back in the line in front of you...I bet u will...;-)

    now replace that blond with a desi.. i am sure i know your answer..."tere baap ka line hai kya"...

    so EB porting is possible only if you go through the rigours of stage 1 and 2...labor substition was a different animal..

    i guess i made myself clear..;)



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  • HawaldarNaik
    12-26 07:14 PM
    I beleive enough is enough ( after saying no for years, i am now convinced), that the only way, i repeat, the only way to put an end to this is a Full Fledged WAR....otherwise they will keep on bleeding us like 26/11.
    We all know that they are nothing but a bunch of paper tigers and will go to any extent to harm India, but now the time is up with regards India's Patience.
    By not taking this step will make us sitting ducks for the next stage of attacks that will strike our cities.....
    If Indira Gandhi was alive (quoted by Priyanka Gandhi her grand daughter), she would have...taken decisive and clear cut action by now...and given a fitting reply.....
    The whole world is backing us and watching....Can India take action against all these atrocities happening for years now....or shall we just sit back and keep putting 'pressure' (which has been going on for a month now with no corrective action from the other side).
    Also no economic relations or cricket or entertainment relations (like a entertainment major did they cut off relations)......do not give an INCH.....boy oh boy....enough is enough.......after 26/11....i truly beleive so otherwise they will come up with more sinister plots....

    Even Mahatma said, if by being non violent the opponent feels you are a coward...then stand up....and give a fitting reply (something to that effect)





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  • chanduv23
    03-24 02:14 PM
    I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.

    Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.

    Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.

    In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.

    Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.

    USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.

    I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.

    If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.

    eb3 versus eb2
    permanent jobs versus consulting
    country quota, etc.

    The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.


    btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.

    Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.

    In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.

    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.



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  • bfadlia
    01-07 12:55 PM
    Guys,

    I urge everyone to stop replying to this thread. I see a pattern going on, you discuss anything and discussion is diverted to muslim militancy.

    Please stop these type of discussions. It will only divide us.


    I agree, the conflict discussed here is a political conflict. It could have been resolved much easier if all sides stopped looking at it with the religious-end-of-times lens (jews: nile-to-euphrates empire belonged to us 3000 years ago, christians: jews from all over the world must be transfered back there for the messiah to return.. and muslims: end of times won't come until jews fight the muslims and we beat them)





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  • Dhundhun
    08-05 06:43 PM
    Friends

    Keep it up and going. Jokes are wonderful and quite relaxing. I think they in in need indeed.

    Thanks



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  • SunnySurya
    08-05 10:55 AM
    Just fyi Rolling Flood and me are two different persons but must say your logic is compelling.
    To me the whole system is unfair. Brilliant guys like you , who are authority in their field suffers, where as small timers who came here through a body shop get themselves in EB2 category because of twisted rules and laws get the most coveted green card much earlier than you.
    All these are frustating.

    Fighting system is one thing and protecting what is with in the reach is other.



    Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.

    The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??


    If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example

    Senior Programmer (say Bachelor's with 5 yrs exp)

    Files under EB1 : because he/she came L1, qualification might be few yrs exp.
    Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
    Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).

    The above example shows that if U'r company and attorney is smart U can get U'r GC faster.

    If you are keen on doing a lawsuit why not
    File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
    Or file one against DOL for taking n number of years to get the LC done.
    Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.





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  • s_r_e_e
    08-11 05:54 PM
    DJ: Come on Sarah... where did you have it?



    :D:D:D:D:D:D joke of the year..



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  • alisa
    04-07 02:17 PM
    Why is senator Durbin insisting upon providing American trained (and in some cases, even American educated) high-skilled individuals to low-cost competitors of America (India and China)?

    I agree with you that the ability to file for 485 without a visa number would be a blessing for all of us.

    What are we doing about this situation btw?

    You will not be able to convince the lawmakers who introduced this draconian law to make any exemptions for h1 extensions. These people introduced this measure with a well thought out strategy to kill h1 without actualy saying they want to kill h1.

    A good way to protect people already on h1 from these draconian laws is through the ability to file for 485 without priority date. Every passing day will only make it worse for people on h1 not just new h1 but also people already on h1 waiting for h1 extension or renewal or transfer.





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  • nogc_noproblem
    08-26 09:27 PM
    Simple Questions, Complicated Answers

    Why does monosyllabic have five syllables?

    Why are there interstate highways in Hawaii?

    Why do we drive on parkways and park on driveways?

    Why are they called apartments, when they're all stuck together?

    Why do scientists call it research when looking for something new?

    Why do they call it a building? It looks like they're finished. Why isn't it a built?

    Why is it when you transport something by car, it's called a shipment, but when you transport something by ship, it's called cargo?

    If vegetarians eat vegetables, what do humanitarians eat?

    If price and worth mean the same thing, why priceless and worthless are opposites?

    Is there another word for synonym?

    Is it possible to be totally partial?



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  • mariner5555
    04-08 11:10 PM
    I remember the 1990's UK housing crunch
    http://news.bbc.co.uk/2/hi/business/7336010.stm

    Being an energy saving geek, I also recommend buying something with a large south facing roof (for lots of solar panels).
    Hi Mark,
    a quick question - has IV thought about using the housing problem to push for faster GC processing (or for getting a very relaxed multi year EAD) ? a poll was conducted recently and as one would guess lots of legal immigrants are waiting for a GC before buying a house.
    I am not suggesting that giving GC's to legals would solve the problem but I am suggesting to use it as a selling point. (ofcourse at the micro level even if 1 house is sold ..then it helps the economy ..and if 100,000 houses are sold ..it definitely makes a difference)





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  • willwin
    07-14 08:09 AM
    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.

    fine, then why are we working so hard to remove the per country limit? That was set by law too!!!

    We can't pick only those options that would favor us. Sometimes changes bring hard-luck.



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  • PD_Dec2002
    07-07 08:56 PM
    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.

    Sad to hear your story. Talk to an attorney ASAP. Maybe to several attorneys to get different opinions and perspectives. Time is of the essence in you case. Contact a financial planner/realtor as well to see what you can do about your house payments.

    Good luck.

    Regards,
    Jayant





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  • javadeveloper
    08-03 08:58 PM
    Hi Unitednations,

    My last entry into US is 15th Dec 2003 and I have around 200 days without my payslips and my w2 for 2004 also shows less amount.I applied my 485 in July 2007 , what are the chances for my 485 approval.Please suggest me , are there any options left for me ??

    Thanks in advance



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  • unitednations
    03-26 04:51 PM
    We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.

    What eventually happened to the case.

    The baltimore case I mentioned happened in 2005 which was certified by AAO.





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  • amitga
    01-28 10:33 AM
    There has never been a mention of the H1b visas approved and those that do not fall under the quota....

    This guy is just after his ratings nothing else...his book explicitly quotes that H1b and L1 visa holders do not pay any taxes and transfer all the money home. (CNN has a few hundreds of them on H1b)

    When there was a huge debate on illegal immigration he quoted he was all for legal immigration. The only way one can legally immigrate with skills is via H1b visa and he is against it.


    Can't Lou be sued for intentionally having false information in his book. At lease we should all add negative comments about his book on Amazon.com reviews. His book rating on Amazon is 4 and we should add 30-40 comments to bring the rating to at least 2-3 star.

    Lou's Book (http://www.amazon.com/War-Middle-Class-Government-Business/dp/0670037923/sr=8-1/qid=1170001461/ref=pd_bbs_1/002-9355488-1919237?ie=UTF8&s=books)





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  • Macaca
    03-19 01:23 PM
    Lobbying in a Web World (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/18/AR2007031801138.html)

    Speaking of doing better on the Hill, sign up now for the U.S. Chamber of Commerce's April 3 lobbying workshop: "Getting Heard on Capitol Hill." It's part of a four-workshop series, "Winning in a Web World; Online Strategies for Grass-Roots Advocacy." (If you don't yet have grass roots, you can find out how to create them. )

    The three panels on April 3 include one about using the Internet and another on "activating the grass roots." There's also a Q&A session on how lobbying reforms and new Federal Election Commission laws might affect your online efforts.

    This being the Chamber of Commerce, the panelists are weighted toward the conservative end: former Bush aide Tucker Eskew, who had the spectacular title of White House director of global communications, and Stephen Hoersting, former general counsel at the National Republican Senatorial Committee. But there's also Winnie Stachelberg, former political director of the Human Rights Campaign who's now at the Center for American Progress, and some media folks and academics.





    rimzhim
    04-09 11:43 AM
    Very true indeed. I am sure you have gone through the full nine yards and understand. Also you will still be an asset no matter what. That is not the case with "consultants".
    Thx for saying that. My boss who is a professor in a research university at least thinks that way, and also believes that I am a leader (FYI riva2005). Frankly, if you are not displacing an American, and there is legal proof of that, there is no reason to worry. Also, mjrajatish: yes, it will be difficult to move in 2 weeks. Same holds for me too because they have to prove that Iam not displacing another American in the new workplace. I see nothing wrong in that.





    VivekAhuja
    06-23 12:23 PM
    If you are buying a house as an investment ONLY, then do NOT buy a house on this planet (not just USA). If you are sensible enough, buy a house to LIVE IN. Buy something you like, not something just to sell and make money.
    If you begin to think like this, you will come to a simple conclusion - if my family & I like a particular house in a particular neighbourhood and I can afford it, I will buy it NOW!!

    Everything else you hear in the media and on IV is hogwash - ignore it!!