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  • waitnwatch
    08-05 03:11 PM
    Seems like a lot of emotions running high on this thread!

    Given that the USCIS director doesn't visit IV before writing memos on interfiling and porting PD's it's meaningless getting your blood pressure up.

    Rolling flood is definitely free to file his/her lawsuit whether folks here like it or not and SunnySurya has every right to join in.

    Wondering why folks from EB-3 want to just move up to EB-2 and port PD. Why not go for EB-1? After all that category is current.




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  • eb2dec2005
    08-22 11:57 AM
    Little Johny's first day in pre-school, the teacher gave a little test. She asked the kids to close their eyes and stick the tongue out. She then put honey drops and asked them to guess what it is. When no one was able to, the teacher decided to give a hint.

    "children, its how your mom calls your dad.. well, most of the time anyways"

    On hearing this, Little Johny screamed, "SPIT IT OUT GUYS... ITS A** HOLE"


    I really cracked up reading this joke. :)




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  • logiclife
    05-16 12:14 PM
    No need to have Durbin's bill. Just ban Outsourcing, then all jobs will come back and everybody will be happy here in US.

    US congress cannot force investors to invest money only in US and get work done only in US.

    Its not possible for US Government to ban outsourcing. The only thing they can do is create incentives to limit outsourcing. However, if a company still wants to outsource jobs overseas, Congress cant do ANYTHING about it.




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  • pasupuleti
    06-21 06:50 PM
    http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/06/21/EDGDOILMUV1.DTL



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  • Macaca
    01-31 09:28 AM
    His book explicitly quotes that H1b and L1 visa holders do not pay any taxes and transfer all the money home.

    1. Is it possible to post the above line (with page number) from his book?

    2. Please post other easily refutable lines (with page number) preferably related to H1B.

    3. How did he get the H1B numbers from USCIS? Why are they authentic?

    I want to see if the following is convincably doable. There is nothing else to do and I am sick of this crap. Thanks.


    In any case we should counter his BS with facts and send it to CNN.




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  • pappu
    08-05 09:13 PM
    I enjoyed both the original and follow-up. By the time, the lion gets the GC, he might have forgot he was a lion, and even after getting GC, he will continue to act like monkey.
    Here is what happened.

    The lion got so fed up eating bananas everyday that he gathered lions from all other zoos and protested. He then used AC21 and went to a new zoo as a lion. All monkeys also interfiled and became lions.



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  • chanduv23
    03-24 10:55 AM
    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

    No one is taking on or poking at USCIS.

    On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

    When we talk about good faith employment - it is the relationship that exists during the terms of employment.

    While your analysis makes sense - we really never know what is happening behind the scenes.




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  • sk2006
    06-12 12:11 AM
    This is for sharing and suggesting your views, ( :)who are not opposing for buying a home now or in the near future and those who are staying at Bay Area, CA or similar places in US) where the medium home price is still looks like quite unaffordable :

    for example, in Bay Area, CA - places which has good school districts and neighbourhoods like Cupertino, Fremont, Redwood shores etc., (please add other good places also...) - the medium home price of a new independant home (anywhere from 1500 to 3000 sq.feet) will be atleast in the price range of $700000 - 2+ Millions.

    Other options are :
    1) Moving to the outskirts, around 40 or 50+ miles - places like San Ramon, Gilroy etc. (remember commute will be too hectic...). In these places also, the above mentioned homes will cost $450000 and up.

    2) Go with an old condo/town home (in Bay Area, usually an old house is 25+ years YOUNG!!!) and after 5+ years look for an old independant home and after another 5+ years, move to your dream home. (I don't know whether we, most of us who are in the GC mess might be in 35 and above age group, have any juice left to do so rather than try to settle down within a couple of years. And one more thing, are these places really worth for spending this much for houses? (I know its a personal choice and lot of factors come in to play...)

    3) Move to a more affordable place so that even if there are some hick ups in career or other ups and downs in life, it won't affect the mortage payment (considering ones personal interests and other factors like employment opportunities, climate, diversed community etc etc.) - places like Dallas, Austin, Phoenix, Atlanta etc. (feel free to add other cities also).

    Please comment/share your thoughts (I am agreeing there may be slight variation in above price ranges) and really sorry if we discussed this in any other threads....

    Thanks,
    B+ve


    I am in SF Bay area.
    I would say WAIT and prices will become affordable here as well.

    People who bought these 700K+ houses were not necessarily richer than you and me.
    ARMs with low or zero down payments did the trick.

    Save for the down payment and wait. You will get a good house at affordable price in 1-2 years.



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  • raj2007
    04-07 11:39 PM
    Desis who come here are all engineers and well educated. I couldn't believe that some of them are falling for the realtor tricks. I know someone who last year paid 200K more on an advertised price of 1million. He said the realtor told him that there was bidding war and he kept rising it and eventually got the house for 1.2million. What stupidity. Doesn't he know about phantom bids that realtors use to jack up the price.:( This is last year end when housing here started crashing. I asked him how he is going to pay when his arm resets. He says he will refinance. God save him.

    They are well educated but not street smart. Realtors are same everywhere and they know, how to misguide.




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  • hpandey
    08-08 01:12 PM
    Birds of a feather flock together and crap on your car.



    The older you get, the tougher it is to lose weight, because by then your body and your fat have gotten to be really good friends.


    Did you ever notice: The Roman Numerals for forty (40) are " XL."

    If you think there is good in everybody, you haven't met everybody.

    If you can smile when things go wrong , you have someone in mind to blame.

    The sole purpose of a child's middle name is so he can tell when he's really in trouble.

    Did you ever notice: When you put the 2 words "The" and "IRS" together it spells "Theirs."

    Aging: Eventually you will reach a point when you stop lying about your age and start bragging about it.

    The older we get, the fewer things seem worth waiting in line for.


    Ah, being young is beautiful, but being old is comfortable.

    First you forget names, then you forget faces. Then, you forget to pull up your zipper.
    It's worse when you forget to pull it down.

    Long ago when men cursed and beat the ground with sticks, it was called witchcraft.
    Today, it's called golf



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  • waitforgc1
    06-05 03:16 PM
    Does anyone know that the closing has to be before November 30th in order to get this 8K tax benefit?

    Thats Correct!




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  • psvk
    08-05 11:42 AM
    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.

    We have approx 35K members and not even 2k people contributed to our cause if not 100 at least $5. Not sure how do u expect $500 -1000 for a failing cause. If you take the pain others will happily enjoy the fruit.

    Most of us may agree with porting but not LC substitution as it is you are eating somebody's vomit.

    You and OP joined the forum recently and not sure how much u have contributed to our cause, rather causing unnecessary stir.

    By the way I have contributed $200 ( and more in line) and participated in phone and fax campaigns and got at least few more new members with contribution.



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  • brij523
    07-07 09:50 PM
    1) Contact Senator office. Which you did!! But have you called all the Senator from your state. Keep matter confidential between Senator office.

    2) Which center has your application? If it is Nebraska, then you can talk to an Immigration Officer by dialing these sequence of number

    1-800-375-5283, press 1..2..2..6..1..your case number..1..
    wait for the automated status message then. select.3..4

    3) Take Infopass appointment to meet an officer. Take all immigration paper. Tell your problem. Hope you get some help

    4) Call customer service - 1-800-375-5283 and talk to rep.

    Best of luck




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  • pthoko
    07-17 02:00 PM
    Do you always get a NEW I-94 during auto revalidation or in some cases they allow to enter on the same I-94??

    Do we have to tell them anything or do anything specifically to get a new I-94??



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  • waitnwatch
    08-06 01:40 PM
    Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.

    I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    If you would like to read about related case, refer to this pdf
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    ============================================
    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

    ======================================



    ____________________________
    US Permanent Resident since 2002




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  • sledge_hammer
    12-17 04:31 PM
    You're from Camaroon, what are you getting all worked up about?

    I told you guys.. This site name should HIV-Hindu Immigration VoiceNow



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  • ZeroComplexity
    09-30 03:36 PM
    All these proposals came into this picture under a republican president and a republican majority congress. How is McCain going to change anything? In fact, he was a strong propenent and sponsor of CIR measures.


    For the past 8 years it has been status qou for us, do you really want this stalemate to continue?



    He had proposed a very harsh H1b revamp and a total revamp of the L1 visa system.
    for example companies hiring H1 would have had to certify and attest that multiple american candidates were interviewed for the poisition. The prevailing wage had to be the highest of three measures (i forget which 3). Transfers were limited or restricted. On the other hand the Dream act simply gave citizenship to any illegal attending high school. The Senator talks about humane immigration and i agree to a certain extent but it should be humane for legals too.




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  • satishku_2000
    08-03 05:05 PM
    What exactly is the difference between current and future employments in the context of Perm labor certification and 485. I have seen people using two things interchangeably to suit their arguments. In context of finding ability to pay is there a difference in the way adjudicator looks at two things?




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  • vivid_bharti
    06-23 04:04 PM
    Buying a house in India and living here on rent sounds like getting married and keeping your wife in India :) unless your wife is with you what is the point in getting married, I think people should think beyond the 'Investment' perspective of house.....in agreement.....there is definately pleasure in living in your own house....




    nojoke
    04-14 01:14 PM
    People who have bought houses are advocating buying one and who are renting are defending their decisions to rent... I think buying a multiplex i.e. 2 single family homes 3/1.5 bath in 450K each in California (sunnyvale/cupertino) makes a lot of sense...don't you think!

    These same duplex were selling for 150K a few years back? Aren't they inflated as well? How is it different from buying a house? Are you saying that the loss is minimized?




    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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