Thursday, August 4, 2011

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  • diptam
    08-06 11:53 AM
    Lot of our case was exactly like that - i was eligible for EB2 when my Eb3 labor was filed. Employer took advantage of my compromising situation ( H was having 390 days juice left)

    If Porting/Interfiling is taken off folks like me will be terribly victimized. I'm here for 9 years - my 1st labor was substituted , 2nd labor ( which should be Eb2 but filed in Eb3) took a round trip from Phily backlog elimination center and now i'm stuck in the Eb3-140 mess at NSC.

    My friends who are lucky enough & have filed fresh EB2 labor (based on BS+5, not MS also) have got till 140 approved and applied 485 as well due to EB2 being JUNE 2006 within 2 years of starting GC process.

    Porting/Interfiling must be there for genuine cases. If someone files a lawsuit against porting i'll file a counter lawsuit on discrimination grounds.

    sroyc,
    What a resolution!!! I completely agree with you. Interfiling should NOT be scrapped but limited to people who qualified for the later category (EB2/EB1) on the date of their PD.





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  • bobzibub
    04-07 11:56 AM
    One part of the idiocy of this bill is that it places more burden upon the institutions where they cannot handle the work they have now.

    If one has to apply for a labour cert every time you want an extension of an H1b, it will become unworkable. The main reasons for extending H1bs is because the DOL and USCIS take so long to process (or are not allowed to process) their existing workload today, including labour certs. This appears to compound an existing problem.

    It is unfortunate that consulting is barred too. Consulting is a good gig. My main goal for going through this silly green card process is simply to consult individually.

    If they actually addressed the problem, such as making the labor cert process simply a web site with a "Submit" button, then it would be an actual improvement. Is it really that difficult to compare a wage rate doing a certain job in a certain location with the market rate? Can't you do that now on Monster or Dice?

    Remember the proportion of applications rejected are dwarfed by the proportion of applications that are simply abandoned. Probably due to the time it takes for them to get around processing them using their super-modern VDT technology.

    Could we please *at least* have an exemption for technical consulting to the DOL and USCIS? They really could use some professional assistance.





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  • StuckInTheMuck
    08-05 02:13 PM
    Dick Cheney walks into the Oval Office and sees The President whooping and hollering.

    "What's the matter, Mr. President?" The Vice President inquired.

    "Nothing at all, Dickie. I just done finished a jigsaw puzzle in record time!" The President beamed.

    "How long did it take you?"

    "Well, the box said '3 to 5 Years' but I did it in a month!"





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  • xyzgc
    12-30 11:05 PM
    Why should we waste our resources when Pakistanis are doing the damage by themselves??? The joke is Pak blaming some poor Indian for a bomb blast which was quickly owned up by a domestic terrorist organization!!
    Pakistan is a begging bowl which is trying to blackmail US by threatening to pull out troops from Afgan border..so US and UK are trying to pacify India telling them that they will put pressure on Pak to do something.
    And you know what a bigger joke is? your slum dog cum president who told Larry King that no one from "his part of the country" were involved in the attack!!! What is his part of the country? his toilet seat??? It has not been 1 year since he killed his wife he was jumping all over Sarah Palin like a horny dog!! Barking dogs seldom bite, so don't just thump your chest just yet. When the fox has to die it runs towards the lion. That is what Pakistan is doing by pretending to pose as if it will go to war with India. If India attacks Pak will fold it's tail between its legs and run to US, like Nawaz sherif did during the Kargil war. We have beaten you in 4 wars, how may more beatings will it take for it to sink into your thick skull that Pakistan can NEVER beat India. Period!!

    Pakistan will disintegrate with in the next few years if they don't seek India's support in whacking them Jehadi SOB's. Baluchitan, NWFP, Sindh are all going to be independent countries and the Pak president can easily rule " his part of the country"

    Buddyinsfo you might try to bring friction among Indians by pitting people from different states against each other, but remember when it comes to any outside force we are all Indians first and we will Kick your Ass...

    This is like an ant taking on an elephant, if half the men in Punjab, Guj and Rajastan stand on the border and Pee; Pakistan will be washed away in a flood of Urine...If you poor people want to get killed, there are better painless ways than enrage India. So it is in Paks best interest to request India to come in clean up the terrorist camps which are now turning against Pakistan itself!!

    smisachu, if you use this kind of language, the tender, sensitive minds of the other IVians will get bruised.You'll be branded as a out-of-control maniac, who's lost his mental balance.

    Benazir was one of the level-headed politicians in Pakistan like her father, but she was deemed pro-western. Her father Zulfikar Ali Bhutto was charged with false conspiracies and hanged because he was one of the few secular leaders and held peace talks with India. She was ruthlessly murdered, what a loss!

    Good leaders don't stand a chance in Pakistan and the country is sure to disintegrate - its just a matter of time!!

    However, what buddysinfo says is right. India is not Israel. Its a land of weaklings and this Gandhi-Nehru doctrine is somewhere deep down in our DNA. Nenru was still chanting his favorite Hindi-Chini Bhai Bhai and reading the Panchsheel and romancing with Lady Mountbatten, when the Chinese back-stabbed India. I have nothing against the Chinese - they are progressive people, thousand times better than these bankrupt Pakistanis (who can't look beyond terrorism and bloodshed) and they have made gigantic industrial progress! This just goes to show how useless Nehru-Gandhi leadership has historically been!!

    On the other hand, his daughter Indira was a loose cannon, a dictator but being a lady - she had balls! What a shame!
    Rajiv Gandhi was another strong leader. I have always disliked the congress for its vote bank politics but I grant it to Rajiv Gandhi for catapulting India into the information age.
    The same Bofors gun over which everybody raised a big hue and cry (Bofors kickbacks) came to our rescue during Kargil.
    After Rajiv, the leadership has completely collapsed - no absolute majority, coalition goverments, hung parliaments, its a chaos.

    Look at buddysinfo and look at the dirty,hateful offline messages he has left people. Pure, unadulterated hatred. Some Indians are more interested in Thakre driving out North Indians, others are beating up Laloo for giving some jobs to Biharis (are Biharis not Indians??), the South vs the North, Tamil vs Hindi - rather than bandying together as Indians.

    And to top it all, some one starts some idiotic thread as to how America is going to disintegrate! We need to learn a lot from America and Israel, when it comes to nationalism!
    Everyone was united after 9/11, everyone supported war and if there is another attack on American soil, there will be another war in the middle east, make no mistake. The war comes first, the questions and the regrets come later..that is America! Its not a nation of Nehru and Gandhi, its a nation of Roosevelt, Truman and General Eisenhower!

    On the other hand we will argue till doomsday - whether India should go on war with Pakistan or not, create some Bollywood style drama , while the islamic savages come and violate our land at will. Its been happening since 1600 A.D, nothing new here. It will happen again, who cares!

    Peace!



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  • satishku_2000
    05-16 12:41 AM
    Law is giving them to right for their unfair practice. So congress is trying to fix the law. Most of them may be abiding law but using unfair practice which affects many people. So there is nothing wrong in fixing the law. Actually they should have applied H1b whenever they need. But they applied H1b for 1 or 2 years so that they will find a job later whereas companies which are having immediate requirement could not find H1b. Is this right practice though 100% legal


    If congress so concerned about outsourcing to India or some other country , why dont they ban outsourcing completely by american companies. I think one of biggest user of outsourcing is US army that is directly controlled by U.S congress. :D





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  • nojoke
    04-08 03:38 PM
    Read my previous post. You have insulted every member by comparing their intelligence with someone who was so dumb enough to buy something beyond his reach. BTW thanks for taking the pain to google out the fruit picker�s story. This is my last post for you guys. You go ahead and discourage people while I will take some rest in my house.

    I am not here to pick a fight. I am showing what is happening in the housing and where it is heading. When I saw all those recomendations of "go ahead and buy" and the rosy pictures you guys are presenting, I wanted to show the other side and what is in store for the future of this economy. NAR has destroyed the economy with slogans like "they are not making any more land". They are liers to the core. Imagine these guys making 300K plus ...and they certainly have incentive to lie and mislead.



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  • Pagal
    06-05 03:00 PM
    This is your justification for renting? ....Which is why you will always be paying owners like me for a roof to live under.

    Hello ValidIV,

    Good for you that you are making some money off the real estate investments....but why generalize?

    The right decision on whether to buy or rent depends on many factors including your financial capabilities, location, taxation and future plans.

    For some, renting makes financial sense, for others buying! :)





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  • nojoke
    04-17 04:13 PM
    http://dqnews.com/News/California/Bay-Area/RRBay080417.aspx

    It is down by 100K compared to last year. Just like I said, every year it is going to be 100K down for 2 more years.:D



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  • SunnySurya
    08-05 03:41 PM
    Good one, I missed reading this. This put an end to the debate...You got some green dots from me...
    Incorrect. Read for yourself.


    Sec. 204.5 Petitions for employment-based immigrants.

    ...

    ...

    (e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.


    ____________________________
    US Permanent Resident since 2002





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  • NKR
    09-30 02:55 PM
    I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.

    How hard is it to figure out that people used AC21 and moved to another company, so the previous employer is out of the picture?. Why should the previous employer�s ability to pay matter?.



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  • delax
    07-13 05:17 PM
    Delax, EB1 with PD 2008 is getting their GC within months not because they utilize an 100% spill over from 'somewhere'. It is just because they do not have enough applicants in the queue and hence no retrogression.

    Honestly, 'i don't think' the 'advantage' that EB3 and EB2 have - using spillover from other categories. Correct me if I was wrong.

    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.





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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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  • sanju
    05-17 01:50 PM
    Of course I don't work for a consulting company. And if I did I wouldn't be here UNLESS I WAS EMPLOYED 100% FROM DAY ONE.

    What people look like doesn't matter in regards to the H-1B. You are implying that I am doing something wrong in encouraging people TO OBEY THE LAW. That says a lot more of you and your standards than anything else. People are not committing crimes by being consultants. SOME people are comitting crimes by being here illegally because they don't meet the requirements for the H-1B they hold, because they went through a body shop. You can defend it all you want, IT'S ILLEGAL.

    To start with, you are not the only one with a full time job in America. Just so that you know I do FULL-TIME job. But I take no pride in bashing people who are not exactly the same as I am. I think you are doing that well and one fool is more than many.

    BTW, each consultant is also full time employee with some company. And stop calling "ILLEGAL" just becuase you can. Apply some logic to your agruments. Is Accenture, KPMG, D&T, Oracle consulting, IBm consulting body shops??? Just want to understand your defination of body shops


    UNLESS I WAS EMPLOYED 100% FROM DAY ONE.

    H-1B is also allowed for part times.



    SOME people are comitting crimes by being here illegally because they don't meet the requirements for the H-1B they hold, because they went through a body shop. You can defend it all you want, IT'S ILLEGAL.

    Also, some people are killing others by causing accidents when driving cars. Do we ban ALL cars? Likewise, some people are not following the law completely, should all H-1Bs be banned??? Also, Breaking a law doesn't necessarily means CRIME. Speeding is breaking the law, but it is NOT a crime.





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  • factoryman
    05-01 01:56 PM
    I had lot of hopes for skilled immigrants under the democratic majority both in house and senate. They are now slowly waning. As I see it, the democratic party in US (elsewhere except South) is now taken over by union and leftist liberalsl in the South it is hijacked by Blue Dog Democrats. I see no hope.

    DailyKos is a liberal activist group, with a LOT of influence on Democrats of all hues. Why, most Senators, Congressmen, Presidential Candidates regulary start threads, discussions etc.

    Go there and see that is going on. (http://www.dailykos.com/story/2007/4/30/95526/3669)

    Though the discussion is mostly on H1B, there are few gems on Green Cards. This one particularly caught my mind.

    Some Leavening (1+ / 0-)
    Recommended by:fastwacks
    While I don't dispute the overall study, it may not reflect the current market. As someone who places software engineers, I'm finding it hard to find well trained people and companies often reject them before we get to the price negotiation stage. A lot of the people we find are on H1-Bs or have green cards. We are searching in the same pools as everyone else (and with our own sources as well) so it's not like we are selecting by place of origin. So, it looks to me from admittedly annecdotal evidence that there really is a shortage of native talent.

    I think a part of this is because the ranks of U.S. engineers were virtually obliterated in the last seven years by the downturn. Many of those people simply left the field. Engineers who were here from India and other countries on H1-Bs got sent home, but they quickly found jobs that were outsourced to their countries. That means that their job skills continued to improve, while people in the U.S. found jobs (if they could) at Mervins and Wal-Mart. They left the Valley in droves.

    The result is that it is very difficult to find people with current skills if they have been living in the U.S. And those who would possibly re-enter the market are justifiably gun shy about moving back to Santa Clara County.

    This includes a large number of women (and men, for that matter) who decided that the downturn was an opportune moment to stop working and have a baby. It's difficult to cover up a two- or three-year gap in your resume. Companies want to find people with current skills. This is partly related to another, negative, change--the unwillingness of companies to invest in their "human capital." They won't train anyone on their own dime if they can get away with not doing it.

    The U.S. needs to jumpstart the local tech worker group by putting some real muscle behind the effort. That means more than job training. We have to fund internships or something that will get these people real job experience on current products.

    Oh, and then there's the whole pay scale thing. Would you live in Silicon Valley on $35/hour? If you didn't have a family, then probably no problem. That is to say, if you are here on an H1-B from India, then you'd scramble to get the job. But if you have a non-working partner or more than one child, then you are probably not going to leave Nebraska for the hot lights of Redwood Shores. At least you wouldn't if you had any idea what it costs to live in Redwood City. Start by bringing a couple hundred K to plunk down on your new home--average price somewhere north of a half million.


    Think, liberally.



    IV should totally change its strategy; drop all activism on the legislative front. Instead, start mass campaings of letter writing to DoS, Employers, Corporations, and Yes, law makers, both Congressmen and Senators.



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  • Macaca
    03-04 07:32 PM
    Resources

    American Immigration Law Foundation (AILF (http://www.ailf.org))
    World Policy Institute (WPI (http://www.worldpolicy.org/))
    National Foundation for American Policy (NFAP (http://www.nfap.net/))
    Economic Policy Institute (EPI (http://www.sharedprosperity.org/topics-immigration.html))





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  • GCappli
    11-11 12:52 PM
    Hey its too late to reply but is there any update on this one ..Did the employer revoke his h1b .. In case he did he is out of status ..But if he didi not and employer ..employee relationship existed .. Then it is not considered out of status because one can show leave of abscence ..
    There are various CIS memos which have the out of status interpretation ..



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  • alahiri
    07-10 10:10 AM
    What logiclife has written is well said .. but did we get a chance to articulate this in the radio itself? Or "Mikey" got all the air time?





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  • sroyc
    08-06 10:34 AM
    Although the discussion has deteriorated to a point where it will not be healthy anymore, these are valid questions.

    I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.

    I do agree that points raised by Rolling Flood is not well received by most in this forum.But I would pray that no one gets personal and keep the exchanges healthy.

    I do feel that this porting rule is a double edged sword with both pros and cons.But the question is : is it flawed enough to scrapped??

    I must add though, I see were Rolling flood is coming from.Just consider this scenario: Two guyz A&B graduate with a Bachelors degree at the same time.A decides to pursue higher studies and B takes up a job. After a year they file for B' EB3 at his work, while A is still at school.By the time A graduates and a EB2 is filed for him , B is also eligible for EB2.But here is the catch,B gets a much earlier PD than A.So was A a dumb dude that he decided to go to grad school.Does academic experience count for nothing against work experience???

    Its something to ponder upon.





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  • go_guy123
    07-28 02:35 PM
    Come the November Elections, Dems could lose 10 in Senate..

    And we are back to square one.

    Dejavu 2007/2008 ;

    If this happens, no bill will pass, leave alone Immigration Reform.

    Republicans will keep sending bills and Obama will Veto 'em.

    But if you look past history, skilled immigration has had allies when Republican have been in power. Its a wrong notion that h1B/Eb people have that democratic party is for immigrant. Actually Democratci party is for the illegal masses only.





    NKR
    08-06 03:12 PM
    NKR,

    When you give reds, learn to read the whole post. I pointed out that since Op was gone, no one here was really filing a lawsuit but we were debating the issue. The thread may be about anything, so what? The discussion ahd turned to a personalized bashing of anyone that dared file for EB2.

    Reading your posts I see that you got a red from someone, guess you decided to lash out in return. Fitting!


    Dude, I did not personally bash anyone let alone give you a red dot, I was just putting forth my opinions which you and some of our ilk did not like which is fair enough.

    You guys saying guys with Masters are from heaven compared to EB3 guys getting 5+ years experience is like personally bashing each and everyone who falls in that category.





    texcan
    08-05 07:00 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!!!

    Killer .....

    thanks



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