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Tuesday, June 28, 2011

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  • file485
    07-07 10:14 PM
    Actually ..I had even read somewhere in these forums, that 'out of status' etc will be considered since the last entry into the country..

    in your case, if he re entered into the country in 2002, the previous status should not be considered...but we can never argue with the immigration officers,once it gets into their head,they can be the most 'sanki' guys..

    take appt with Rajiv Khanna/Murthy without wasting any minute further..





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  • dixie
    07-17 02:46 AM
    This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.

    My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.

    Please correct if I'm wrong. I really would like to get this right.

    Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.

    For the record, we are neutral on the issue of H1-B visa increases. We neither support nor oppose increasing H1-B visas. The last thing we want to see is even more gullible H1-B folks with GC mirages being added to our midst. However, it often happens that ANY reform to the EB program is clubbed together with H1-B increases .. thanks to corporate lobbying or whatever .. in such cases we obviously have to support the broad package of high skilled immigration reform.

    We DO NOT deny the fact that H1-B has loopholes that make us vulnerable for exploitation .. that is one of our major reasons for pushing GC reforms. Our grouse with the likes of PG, lou dobbs etc is that they offer a one-sided criticism of the H1-B program full of half-truths, outright lies and insinuations about us "stealing" jobs. They highlight the exploitation part only to promote their agenda .. those occasional noises about giving GCs instead of H1-Bs is exactly that. Their real agenda is an end to all skilled immigration. Had they sincerely promoted balanced skilled immigration reform like tighter enforcement of H1-B provisions that protect US workers along with faster GC process for those meeting those tighter requirements, I would have gladly supported them.





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  • NKR
    10-03 04:09 PM
    The choice between Obama and Mccain is not good and better but between worse and worst, or lesser of the two evils. Mccain might not do anything for us but he might not do anything bad either, with Obama\Dirbin CIR there is only bad and nothing good for EB.

    Let us give Obama a chance and see what he does… We are already in deep shit and nothing worse can happen





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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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  • gcisadawg
    01-07 04:49 PM
    From the wikipedia:

    As of October 13, 2006, the Gujarat High Court ruled formation of UC Banerjee committee "illegal" and "unconstitutional". As of now all its probe results stand invalid.

    Thanks for the link, that is exactly my point. One committee/institution comes up with one story and another one denies it. It goes on and on till the common man forget the whole thing. And then a new issue comes up..

    Lets wait and see how 'Supreme Court' appointed R.K Raghavan commission plays out.





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  • logiclife
    04-07 01:01 PM
    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.

    Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.

    What are you talking about?



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  • sundevil
    03-25 12:52 PM
    Thanks UN. Gosh!! this thread is an autopsy of current affairs in EB immigration. Very good going, with what is now a misleading title.

    Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.

    I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.

    You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.

    it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.

    Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.

    btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.

    Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.





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  • StuckInTheMuck
    08-05 02:48 PM
    Two guys are moving about in a supermarket when their carts collide.

    One says to the other, "I'm sorry - I was looking for my wife."
    "What a coincidence, so am I, and I'm getting a little desperate."

    "Well, maybe I can help you. What does your wife look like?"

    "She's tall, with long hair, long legs, firm boobs and a tight ass.

    What's your wife look like?"

    "Never mind, let's look for yours!"



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  • dixie
    02-02 05:47 PM
    Bottom line is : if you are in the US > 183 days an year, you pay tax period. IRS doesnt care about visa status.Social security and medicare is a different issue, and certain visa categories are exempt from it.





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  • santb1975
    10-01 01:41 AM
    I wonder how many $$$ GWB Sr. had to donate to Yale for GWB to get in ...I better stop my rant..:rolleyes:

    Just to clarify GWB is a Yale graduate.
    With a democratic controlled congress and Obama being a president, CIR is bound to happen. If high-skilled community doesn't unite and get our voices heard then we might come up empty. Remember the last time an immigration bill was passed by the Democratic president (AC21). They flashed few carrots (2-yr recapture, portability and H1 extension beyond 6 yr) and threw us under the bus with flood of 245i applicants. EB3 queue is still suffering from those backlogs.

    In the near term only democrats will be in a position to provide us with some relief because they control the congress.



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  • Refugee_New
    01-06 04:47 PM
    WOW!!!

    Can you read how much hate you are spewing in your posts? against jews, against hindus...against anyone who disagrees with the mostly wrong opinion you have. Where do you get your information from by the way? I mean the REAL TRUTH?? Have you been to Gaza?

    Read Hamas's charter....it is clearly mentioned in there "calls for the destruction of the State of Israel and its replacement with a Palestinian Islamic state in the area that is now Israel, the West Bank, and the Gaza Strip"

    I am not spewing venom against anyone or any faithful members of other religion.

    When you blamed entire muslims and their faith for the actions of few people, i am just showing how people kill muslims unjustly and how this world watch silently.

    Why its ok to say Muslims killed Hindus and NOT OK to say Hindus killed Muslims?

    Why its ok to say Muslims killed Jews and NOT OK to say Jews killed Muslims???





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  • unitednations
    08-08 08:00 PM
    Hi Unitednations,
    I have a little problem. I am a canadian citizen on H1b and used to commute across the border everyday. I work for Ford and every year during christmas we get a week long vacation. My contracting company does not pay me for the xmas break. So, I filed for unemployment compensation in michigan for that week - reason - temporary layoff (as a Canadian Citizen you can collect unemployment from michigan......thats what my US citizen colleagues do every year........Does this mean I was out of status for that week?....Can this cause my I-485 to get rejected? (I have done it twice in 5 years)



    No.

    Yeah; you wre out of status for those weeks that you took unemployment.

    It shouldn't impact you since, you have been going in and out of the country. (ie., 245k).

    It is very dangerous for companies to lay off workers and they take unemployment compensation. This is one of the reasons the mainstream companies don't do h-1b or greencard because there are complexities if people are being laid off and taking unemployment.

    Are you still living in Canada. Not much advantage to it anymore. Looks like their prices haven't been adjusted downwards. It's probably more expensive now to live in Windsor/Toronto and to commute on a daily basis to Detroit.



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  • sayantan76
    01-11 02:20 AM
    Palestine was never a country. Even historian knows that there was a kingdom of Israel & Kingdom of Judah. The kings and the timeslines when the kingdoms were destroyed are also known. Due to numerous invasions there was a great diaspora of Jews to the other parts of the world. Even Jerusalem belongs to the Jews. The Romans under Titus burned down the Jewsish temple and killed entire tribes of Jews during the Jewish revolt against Rome in AD. 70. The modern state of Israel was in fact simply returing the ancient land of Israel to the Jews. Kashmir belongs to India. Pakistan has occupied Kashmir.
    I hate selective use of historical context to justify certain acts.

    First - going by your logic - we should perhaps consider returning entire Europe to Italy (since it was all Roman Empire) and also returning pretty much entire West Asia and parts of South Asia to Macedonia (Remember Alexander's campaign?). Kingdoms expanded and contracted based on the power and territoial ambitions of the ruling sovereign - ancient legends should not form basis for modern map drawing.

    Second - since when have religious groups started having monopoly over a piece of land?....a geographical entity belongs to the natives of that area.....the natives may follow the same of different religions....Native Jews and Native Palestinians (you may not want to believe it - but Palestinians or philistines as a distinct population group existed even before the advent of Islam) have lived in the modern Israel + Palestine since time immemorial and the land belongs to these natives.....

    To blame only Palentinians for the current aggressions is not really fair......and honestly, there is no moral victory or military superiority on display here on part of Israel here either......no one wins when innocent civilians and children die





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  • dba9ioracle
    08-05 01:42 PM
    With all due respect, I totaly disagree with original poster. probably, he needs to know more about immigration rules..



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  • Macaca
    02-22 11:39 AM
    Lou Dobbs makes 6+ Mils and gives his opinions on the best news network at close to prime time. We are rotting in retrogression. Most of us are tiger on IV forums but can not even wimper on non-IV forums.

    The utility of these opinions on IV forums is debatable, at best. However, It will help us if we can convince others that they are not getting the facts from Lou Dobbs and give them the facts.

    Please post fact based opinions at non-IV forums.





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  • hpandey
    09-26 09:59 AM
    All this is going to happen in the very first year itself. Obama has already said CIR would be his priority for his first year. Dick Durbin and Obama will "reform" the EB system exactly the way you described below. In 2008 we have seen some eb friendly bills introduced by lofgren like visa recapture and exemption for STEM. Once Obama becomes president(which is almost a certainty) he will outsource the EB issues to Dick Durbin and he will make sure none of the EB friendly issues like visa recapture and exemption for STEM will happen. In addition obama and durbin will make our lives miserable with draconian restrictions on EB. We are alreday seeing USCIS denying AC21 485 (there is a seperate thread on this). If situation is like this now just imagine how horrible it would be with Obama and durbin.

    Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).

    As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.



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  • axp817
    03-26 05:20 PM
    What eventually happened to the case.

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

    UN,
    Thanks for sharing your thoughts on this. As always, your time is highly appreciated.

    So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).

    And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.





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  • puddonhead
    06-05 01:32 PM
    >> 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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  • Macaca
    02-28 09:39 AM
    Jack Abramoff, Jack Abramoff ... (http://www.nytimes.com/2008/02/28/opinion/28thu2.html?ref=opinion) NYT Editorial, Feb 28

    Anxiety is palpable in the House as lawmakers try to wriggle out of a vote on whether to create an independent Office of Congressional Ethics. Despite last-minute cries of alarm and resistance from both sides of the aisle, the public is counting on Speaker Nancy Pelosi to stand fast and steer this overdue dose of ethics reform to passage.

    The office would have six professionals, appointed by the two party leaders, charged with the task of screening complaints of misbehavior for possible referral to the House ethics committee for fuller inquiry. Opponents from both parties openly worry that partisan rivals would hand over false complaints and that any investigation � including those that don�t result in a referral � could threaten their careers.

    Fears of any runaway inquisition can be more than negated by the appointment of blue-ribbon, nonpartisan professionals. Even now, those fears are being exploited by some Republicans. According to National Journal�s Congress Daily, Republican staffers have been threatening to use the office to target a hit list of Democrats this fall. This would be a new low in tooth-and-claw partisanship, and cooler heads had better prevail in the caucus.

    Members should face up to a vote that tests their mettle � and most recent campaign promises � as upholders of ethical reform for the peoples� House. We suggest lawmakers fight their anxiety by quietly repeating the name Jack Abramoff, Jack Abramoff � the imprisoned superlobbyist who corrupted House members � as a prevote mantra.

    Or they could chant the name Rick Renzi, the House member indicted on 35 counts of fraud, money laundering and extortion for allegedly netting $700,000 in a political land scheme. He joins a half-dozen other members plus staffers already brought down while the House ethics committee looked the other way.

    Critics have compromised the measure enough by stripping subpoena power from the proposed integrity office. However anxious, the House can�t duck cleaning up its ethics act. Lawmakers may even find doing the right thing an impressive accomplishment to present to the voters back home.


    Louisiana Governor Pierces Business as Usual (http://www.nytimes.com/2008/02/28/us/28jindal.html) By ADAM NOSSITER | NYT, Feb 28





    another one
    12-17 04:03 PM
    I agree with you ..Antulay is complete filth.

    But you are just another attention seeker wasting my money by using up the storage space in this forum. Let me predict what you are going to do ... half the posts on this thread will be yours ..mostly picking up a piss contest with anyone posting here. Below is a link to a constructive channel many have used. See you there..

    http://indianarmy.nic.in/career.html


    This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!

    Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.

    Times Of India Headline: Antulay raises doubts over Karkare's killing





    nogc_noproblem
    08-06 12:48 PM
    How to tell the sex of a fly

    I stopped at a friends house the other day and found him stalking around the kitchen with a flyswatter.

    When I asked if he had gotten any flies he answered, "Yeah, 5 .... 3 males and 2 females."

    Curious, I inquired as to how he could tell the difference.

    He answered, "It's easy, 3 were on a beer can and 2 were on the phone.



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