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  • pappu
    04-09 02:42 PM
    Let us all have constructive discussion on this bill rather than fighting with each other or blaming others or blaming companies. Think of ways you can strengthen this organization and help us in the work we have in front of us.

    This thread has run into several pages, but the call the lawmakers thread was begging for attention whole of last week.




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  • stuckinretro
    08-05 09:41 AM
    Not just EB3 to EB2 port but EB2 to EB2 as well. Consider you lose your present job and lose your entire GC process. When you find a new job(if any), you would want to port your old PD at your new employer when they file your fresh 140.

    So no one is immune, if you think you are, you are ignorant and do not know how complex a case can become.

    There are very few benefits that CIS provides for people who lose jobs and PD portability is one of them. enlighten yourself!

    The problem was Labor substitution, which was a nightmare for many of us here, and lot of people are still stuck because of it. DOL eliminated substitution 1 year ago and people whose 140's were filed then are still stuck in that backlog because of LC sub cases files on jul'16th. If you want to do anything do something on that end to ease the 140 backlogs.


    No i am not comparing this to labor substitution. Also, i do not think what you said is true for ALL the people trying to port to EB2 by some means.

    I intend to fight this legally and everyone else also has the same option of challenging my stand in court if they think i am wrong.

    I am just here to gauge support (not monetary support) for the lawsuit, and to see if there are some angles which i am missing that may aid me.




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  • Arjun
    07-14 08:49 PM
    If this is the case.
    Given the high number of ROW EB3 it will never help Indian EB3. so spilling some of EB1 over to EB3 doesn't really help Indian EB3. But this letter could hurt Indian EB2. Now there is hope for lot of Indian EB3 to convert to EB2. That could be lost. I am als one of the converts.

    No budy, it is not only EB2 India, it is China too. So it is EB2 getting visa numbers that are not used by EB2 ROW and EB1-ALL.

    EB3 is not getting any spilled over numbers and won't happen until EB 3 ROW is current or EB2 becomes current. Long way to go when that happens.

    When there are more numbers in the pool it helps one way or the other.




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  • rajnag21
    07-19 02:38 PM
    UN,
    This is a question to you. I was one of those guys who sent you a PM. Sorry again !
    What if a person who has been in the country for a while(say from 2000) has a few pay stubs missing and period/s of unemployment(2002 and 2003) and therefore his w2's for say 2003,2004,2005 have like 15-30 k figures on them. This is for a software engineer who is on eb3 with a employment letter that states pay should be abut 50 k or so (minimum). Now lets suppose the said person went out of the country and came back in Jan 2006.
    So Does means according to the 245i rule the previous period of unemployment etc get wiped off and they have to look at whether he has violated the 180 day rule only since Jan 2006 ? In this case will they look at his all his old w2's as well? Will this constitute some sort of violation ?

    Thanks in advance for your answers



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  • brad_sk2
    01-06 03:03 PM
    Thats why Indian Govt. freed ruthless terrorists to save innocent civilians?
    Don't write crap just for the sake of argument.

    When Indian government can release ruthless terrorists in order to save Indians, Do you think people belong to Palestinian govt. elected by Palestinians will hide in schools in order to get killed by ruthless enemy?

    Don't you hear the same lie again and again year over year? If Hamas is using school kids as thier shield, then how do you think Palestenian people have elected the same people who cause their kids death rule their country?

    Don't you think?

    Dude, why don't you stop the crap comparing Palestine situation to situation in India. They are different. Hamas is terrorist organization elected by the people & so they (Hamsas) are responsible for their civilian deaths as they use civilians as shield, PERIOD.




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  • sledge_hammer
    03-24 05:06 PM
    My Dear Friend:

    Why do you want to defend crooks? Instead of ackowledging the fact that desi consulting companies are exploiting loopholes, you rather want to know why other companies are not feeling the heat. This is typical of us desis. There is absolutely no introspection.

    For once, accept that we are at fault.

    Its like this - You are in school and your teacher catches you copying off the next person. Now instead of correcting yourself, if you complain to the teacher that another classmate was also copying so you should not be penalized, will your treacher let you go?

    I am sorry, I am not a very knowledgeable person in immigration matters like many of you, but when it comes to finger pointing, we have to show all consulting companies and why only DESI companies are getting into this discussion. I know friends who worked for IBM & KPMG on H1b travels to all states for short term contracts. What about those biggies? They are also desi firms?

    How did you come to US in the first place? if not thru a consulting company ( I know F1 is another option) either thru big companies like TCS, Wipro or Infy or through desi consulting firms. Pls do not forget the fact that USCIS changed their stand now and saying that it is not legal to work else where other than employer location. If they implement that rule from start then this mess wouldn't happen.

    Now, we are in trouble and so stop finger pointing and give any good advise if you can.

    FYI..I am an FTE and I came to us thru a multinational firm and never worked for a desi consulting cmpny.



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  • skd
    12-31 12:32 PM
    Only for Hindi speaking people...This Quote from Ramdhari Dinkar's Poem
    ...
    Kshama shobhti us bhujang ko
    Jiske paas garal hai
    Uska kya jo dantheen
    Vishrahit vineet saral hai
    ....

    Which means.....Pardon(forgiveness) looks nice if you are Strong and forgiving a weak...It will funny if a weak person says that he is forgiving a strong opponent.

    For reading whole poem goto this link (top is in English script /and Translation in English and scroll down to read it in Hindi)
    http://poems2remember.blogspot.com/2007/01/shakti-aur-kshama-strength-and-mercy.html




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  • akred
    04-09 12:06 AM
    If this bill passes along with CIR, that gives the ability to file for 485 even without visa numbers being available, I think most of the placement companies would file for LC (PERM) as soon as they recruit someone (and get H1 approved). That would allow them to file for 140 and 485. Am I missing something here?

    Yes, you are missing something. The processing times for LC(PERM) and for I-140 are not guaranteed. There will be trouble if either of these take an extended amount of time like the multi-year waits that we saw in the recent past. So, the ability to file I-485 without visa number availability will address current filers, but may not protect future filers.



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  • conchshell
    08-05 06:10 PM
    In a poor zoo of India, a lion was frustrated as he was offered not more than 1 kg meat a day. The lion thought its prayers were answered when one US Zoo Manager visited the zoo and requested the zoo management to shift the lion to the US Zoo.

    The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.

    On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.

    The next day the same thing happened. On the third day again the same food bag of bananas was delivered.

    The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'

    The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!

    Moral: Better to be a Lion in India than a Monkey elsewhere!!!

    Now worst thing is that Lion can not change his job profile till he gets the green card. He will be forced to act like a monkey so that it matches with his monkey job profile mentioned in his PERM application. All he can hope for is to invoke AC21 after couple of years to join a new zoo, that too on a similar job profile. :D:D Gurus what are the Lion's options at this point of time?? :D:D:

    Irony is that if our Lion stays in USA on monkey visa for couple of years, and finally goes back to India, his Lion skills will be obsolete, and Indian zoo's will not entertain a Lion acting like a monkey. Our poor Lion is totally doomed. :D:D




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  • i_have_a_dream
    08-09 04:33 PM
    UN, thanks for the time you spend giving us your educated advice.

    I would greatly appreciate a response on my situation.

    I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. S i want to go through the route of future employment.

    I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.

    What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.



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  • Macaca
    12-28 07:39 PM
    All India Radia (http://timesofindia.indiatimes.com/home/opinion/edit-page/All-India-Radia/articleshow/7179711.cms) By Jug Suraiya | Times of India

    Far from subverting democracy lobbyists help to promote it

    Niira Radia should be given the Padma Shrimati next year. As each new tranche of the leaked tapes of Radiagate are made public it becomes increasingly clear that, far from sabotaging India's democracy, the lobbyist was actually furthering its cause.

    Though Radia's method of operation - which reportedly involves large-scale hawala transactions - was often dubious, there is nothing wrong with her broad strategy to influence public policy by inducing media people and other opinion makers to get A Raja the telecom portfolio. That his appointment - at least partly engineered by Radia - led to the 2G scam is another matter.

    Lobbying - or what is often called public advocacy - is a perfectly legitimate, and indeed necessary, component of any democracy. In the US, for example, it is considered to be a high-profile and respectable profession made use of by everyone who would like to have a say in the framing of official policy. New Delhi has often employed US lobbyists to try and influence Washington's policies vis-a-vis Pakistan and Kashmir, among other things. In the US, there are accredited lobbyists for all manner of issues and individuals, from the right to bear arms to candidates for Senate seats.

    If looked at in its broadest sense, what does lobbying boil down to? Nothing more, or less, than trying to get people to see your, or your client's view. All public relations exercises - be they for business interests or causes like animal welfare or AIDS prevention - are examples of lobbying: they are attempts to get the members of the public to change their ways of thought and action in particular spheres of interest or concern.

    Similarly, all forms of advertising - and no media product, including this newspaper, could remain economically viable were it not for advertisements - are lobbying by another name. Advertisements try to persuade you to buy a particular product or service. A successful ad, a lobbying exercise that has worked, is one that makes the maximum amount of money for the advertiser, the client of the lobbyist, in this case the advertising agency. The most successful ads - the ones that have been most persuasive in changing public behaviour and thinking - are annually honoured by receiving awards given by the industry.

    All politics, and not just at election time, is nothing but lobbying in its most blatant form. In a democracy, it is expected of all political parties to shape or transform public policy through competitive lobbying of the electorate via election manifestos and professed agendas. The voter is seduced, persuaded, bribed by all sorts of promised inducements, often in the form of cash subsidies or tax breaks, to support this or that party or candidate. There is the Election Commission to see there is no hanky-panky or rigging at the time of polling. But no Election Commission can compel a political party or candidate to make good on election promises - i.e., bribes in one form or another - once the balloting is over.

    If politics is unadulterated lobbying, and it is, so is the media. All reporters and commentators - in the press, or on TV or radio, even those considered too insignificant to have been approached by Radia - try to shape public opinion, and through that try to influence official policy by having public pressure put on it, according to their own views, opinions and interests, or those of the organisations that employ them.

    Indeed, democracy with all its components - media, market and elective politics - is a vast enterprise in lobbying, a never-ending argument between competing interest groups to change public policy to suit their own ends.

    Radia's only fault was getting caught. But for having forced us, however unwittingly, to take a long hard look at our democracy and what it really means, she needs a commendation. Padma Shrimati? Heck, make her Woman of the Year. She deserves it. Or rather, we deserve her.



    An inconvenient truth (http://blogs.timesofindia.indiatimes.com/Masquerader/entry/an-inconvenient-truth) By Anoop Kohli | Times of India




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  • gcgreen
    08-06 01:03 PM
    Excellent point.

    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.

    ...

    (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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  • akred
    04-07 12:22 PM
    Will 115k enough by seeing 133k applications in one day? If 115k is reached we will ask unlimited. So there should be some system to see whether those115k H1b is used properly. Employers should not wait till october and they should get people when they require. If most of the H1b quota is used by bodyshoppers where will top US companies get?

    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.




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  • Macaca
    03-13 08:25 PM
    Some paras from Minuteman Project In Turmoil Over Financial Allegations (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/12/AR2007031201297.html):Leadership Fight Splits Border Group

    The Minuteman Project, an anti-illegal-immigrant organization that has monitored the southern border, is embroiled in a nasty legal fight over accusations of financial improprieties that has splintered the group and probably will sideline it during the busiest time of the year for border crossing.

    This crisis has put us in a tailspin," Gilchrist said in an interview. The organization had planned to mobilize members in coming weeks when Congress again takes up immigration legislation, he said, but it has canceled its plans because he is busy dealing with legal issues.

    The dispute centers on $750,000 in donations raised for the Minuteman Project by HSP Direct, a now-defunct Herndon direct-mail firm hired by Gilchrist. After the company deducted expenses, the project received about $100,000.

    This is not the first time the group has fractured. The Minuteman Civil Defense Corps has operated separately from the Minuteman Project since December 2005, after a bitter internal dispute over funding.

    Both groups organize volunteers to monitor the U.S.-Mexico border and report suspected illegal immigrants to authorities. Both lobby legislators to close the border and enforce existing laws.
    Some paras from Minuteman Project in Leadership Blowup (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/27/AR2007022701393.html)

    Gilchrist and other activists upset at what they perceived as a lack of action on the part of Congress began patrolling the Mexican border in Arizona in 2005 using cars, trucks, private planes and night-vision goggles. The effort drew criticism even from some conservatives including President Bush, who called participants "vigilantes."

    The Minuteman Project struck a nerve, however, and now has about 200 spin-off groups around the U.S.



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  • a_yaja
    05-17 07:20 AM
    You have no arguments that make sense. You are arguing that doing something illegal is a great thing to do. Not so. And yes, I do support the bill as it will weed out some fraudsters from amongst us, who give the H-1B program a very bad rep.
    You still have not told me why you are support the Durbin-Grassley bill and you are OK with consulting on a "full-time" basis. The Durbin-Grassley bill bans this.
    The present laws are more then enough to go after offenders. The law is not being enforced. What makes you think that if the Durbin-Grassley bill is passed, all abuse will stop? People who abuse the system will continue to do so. They will simply say that the job is "permanant, full-time" or whatever the bill requires the job definition to be and file for H1B. And the show will go on. I guess at that point you will then dance when someone else will propose another bill to restrict H1Bs to some other sector that includes you.




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  • yagw
    08-08 12:41 AM
    Wonderful thread... keep it flowing folks... :)

    here are some yogi's quotes:

    "This is like deja vu all over again."

    "You can observe a lot just by watching."

    "You've got to be very careful if you don't know where you're going, because you might not get there."

    "If you don't know where you are going, you will wind up somewhere else."

    "You better cut the pizza in four pieces because I'm not hungry enough to eat six."

    "Baseball is 90% mental -- the other half is physical."

    "If you come to a fork in the road, take it."

    "I made a wrong mistake."

    "Nobody goes there anymore; it's too crowded."

    and now the best one...

    "I didn't really say everything I said."



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  • vinabath
    03-26 10:06 AM
    U should look more at Pre-forclosure ( if u can get hold of one) than the foreclosed properties. Most of forclosed properties need substantial investment to fix them. Generally public gets the last chance of good foreclosed properties. It is a bank- real estate nexus which eats up the good inventory before hitting into the market. US home auction is not a real auction but more like a open house for 100 properties at the same time. Quality of inventory is not worth it.

    Excellent point. If you friends with real estate investor, they might get you a deal. Its the same thing like used car sales. If you know the guy who does car auctions all the time you will get a nice car for real cheap. Same thing with houses too. Start looking for a good real estate investor. These people might charge some money for

    1. finding a good deal
    2. going thru auction/shortsale/whatever
    3. fixup the house
    4. help in financing
    5. their profit

    giving that money is worth the hassle.

    The most difficult part finding this person.




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  • Macaca
    04-08 05:24 PM
    I will not get time to read the bill. Please let me know if I am correct on the following and/or I have missed something important. Thanks!

    1. More stringent conditions on hiring H1B.
    2. H-1B employees can not consult: outplacement at client site is illegal.
    3. Company can not have more then 50% H-1B employees.
    4. More stringent checks by DOL when H1B is employed.
    5. H1B extension has to go through LCA (applicable to persons already on H1B).

    Further, it may be implemented arbitrarily (unspecified parts) by USCIS.




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  • alisa
    01-10 04:35 PM
    If you talk about history, then we should go back to the days where Muslims invaded and killed innocent people in millions. If you kill some people then it is called jihad, but if someone kill you, then it is barbarism. Palestinians and rest of Muslims should learn to live and let live people. No body wants someone's crazy ideas. Got my point? Further, don't listen to your mullahs!

    First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.

    Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.

    http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html




    GCOP
    07-13 09:36 AM
    Does IV want to change the format of the letter ? If so, modified letter from IV will be appreciated. I thank pani_6 and IV's effort to address the EB-3 situation. If necessary, IV can also arrange meeting with Department of State for discussion of EB-3 Visa allotment and delays. EB-3 situation is really dier. IV is requested to please arrange meeting with DOS.




    CreatedToday
    01-06 04:31 PM
    If this senior Hamas leader could send his son as a suicide bomber to kill innocent civilians in Israel, what stops him from using others' kids as shield?
    :confused:
    http://www.timesonline.co.uk/tol/news/world/middle_east/article5429904.ece

    If its true, why media is not showing how Hamas is hiding behind schools and mosques? Its a big lie and this is what they say in order to justify the killing. Also what rockets you are talking about? Those 7000 rockets that killed 4 people? I agree Hamas must stop their mindless and useless rocket attack.



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