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  • CNN is taking a big chance by trying to be like FOX. CNN will continue to loose viewership with such economic/ social/ culturally xenophobic news reportage.

    American Senate did a great job by being so unyielding to the protectionists.

    At the same time it is interesting to note the perceptible loss of self-confidence in this protectionist lobby. Are we witnessing a paradigm shift in America? Capitalism takes back seat and the country becomes more socialist like western European contries e.g. France and Germany. With the loomimg baby-boomer retirement a couple of years away this might very well be it.

    Globalization trend will intensify. China and Taiwan are already the manufacturing hubs of the world, couple of more years of such unfair treatment of trendsetting immigrants in US and its all history for the knowledge workers here. Former communist countries like Russia and China become truly Capitalist while America becomes socialist driven by the likes of Lou Doubs who is couching his real agenda behind a facade of being a middle-class messiah.





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  • I really admire this initiative for EB3-I by some members. We need a strong argument to put forth. This letter is very weak. The opening statement needs work. There are too many abbreviations.

    Please do not make the letter sound like a whine or a rant about someone else who followed the rules getting ahead - this will not work, neither will a plea.
    Complaining to the USCIS or DOL or DOS that they are not interpreting the law favorably for a certain group will not make the cut. None of them have much discretionary authority here and definitely no arbitrary powers.

    The executive branch of the US gov (incl DOL, DOS, DHS) is limited to working within the law - they can revise their interpretation of a law if it converges with the intent of congress - not if it diverges from it.

    Immigration laws are written to benefit the US and not for fairness to potential immigrants - that is how it is. The DOS is presently interpreting the law the most accurately ever. The problem is the law - not the interpretation.

    EB3 badly needs backlog relief. This is a congressional matter and not executive.





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  • Why do you need to hire other person if Joe is fit f
    or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.

    I am sorry to hear this sense of mediocrity that you want to perpetuate - maybe, I made a mistake by preaching to the wrong set of folks. The person I want to hire for a particular position should be smart enough to move to other positions (if the original position were to go away or if his/her career plans were to change). The last thing I want is to hire a person whose skills are not transferrable to a different job position.

    I have myself moved from development to management to business and all because I believe I have the base skills to be an effective, valuable employee (and alas, every time I have done the change, my GC has been re-applied).

    In a competitive world, you are better off hiring the best talent - just pay close attention to the kind of folks McKenzie/BCG hires.





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  • http://www.flcdatacenter.com/CaseH1B.aspx

    you will have to type in cable news in the employer name box

    and change the state to Georgia





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  • I think he knows quite a bit about the immigration rules. He raised a point that it is merely a guidance. What it means that it can be contested and challenged...unlike if it were a law.

    With all due respect, I totaly disagree with original poster. probably, he needs to know more about immigration rules..





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  • Guys,
    In the bill summary, I do not see where it says that H1B extensions will not be
    possible for those who have I-140 approved.

    I-140 approval itself means that USCIS and DOL has agreed that this person
    is needed for this position and AOS can be filed(If offcourse Visa numbers are
    available).


    (I am sorry I have not read the full text of the bill.)





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  • Lou Dobbs is the founder of the failed Space.com site. He might realize that he could not have even got the business started without Indian H1B's.

    Had he run the business properly he would also have been a .com success story by now and would have been a key note speaker at Diwali and Navratri functions in NJ.

    �I am a .com success story because of you hard working H1B�s�-------- Dobbs.

    �But now I make a living by bashing them.�





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  • A guy who filed his labor in say 2001 and it took 3 years for that labor to approve should he complain that after PERM guys got labor approved in 2-3 months and in some cased even before him. Should we complain USCIS / DOL for improving the system? Guys just because your Lawyers asked you to file EB3 does not make things right. Why did you agree on EB3? if you were so convinced that you qualified for EB2 you could have taken the matters to your boss and upper management in your company? If you did not get juistice then you could have quit that company and joined another organization that was ready to recognize your talents? All phani_6 wants is a cake and eat it too. This is not possible dude this letter in its present draft is a laughing stock. Make it factually correct and this will make entire IV community support it regarless of Eb2 or Eb3.





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  • Very good point by alterego.
    This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
    How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
    As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
    If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
    This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.




    Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
    The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
    Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
    Perhaps the person drafting the letter can explain their rationale on including this in the letter.

    I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
    Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.





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  • 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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  • I do not understand either...OP says he/she does not want to spend a grand (not sure if it costs that much) in attorney fees while he is willing to spend time/money trying to immigrate to Alberta. Taking a fatalistic approach and hoping for the best seems to be the idea. Again good luck to OP.

    lol...you are right..

    but dont know... I am going by hunch..I hope not to regret..:)





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  • Two alligators are sitting on the edge of a swamp. The small one turns to the big one and says, "I don't understand how you can be so much bigger than me. We're the same age, we were the same size as kids. I just don't get it."

    "Well," says the big alligator, "What have you been eating?"

    "Immigration attorneys, same as you," replies the small alligator.

    "Hm. Well, where do you catch 'em?"

    "Down at that law firm on the edge of the swamp."

    "Same here. Hm. How do you catch 'em?"

    "Well, I crawl under a BMW and wait for someone to unlock the door. Then I jump out, bite 'em, shake the crap out of 'em, and eat 'em!"

    "Ah!" says the big alligator, "I think I see your problem. See, by the time you get done shakin' the crap out of an immigration lawyer, there's nothin' left but lips and a briefcase."





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  • Admins,

    why are you not closing this thread





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  • Manu,

    Do you know United Nations(UN) in the Immigration.com site of Rajeev Khanna. These Days UN seems to be Vanished.He helped a lot of guys regarding these issues at I-140 stage. If you get a chance please browse through the websites and send him an email.Make sure you follow every step.in between he's CPA and has lot of knowledge on immi issues.

    All the Best!!





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  • As a matter of fact, any one if trained properly can do any job..
    So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?

    Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...

    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.





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  • Exactly!! Just like the Europeans had a right to defend themselves against the Native Americans.

    Fortunately for them, they did their ethnic cleansing before the mass media and enlightenment. God bless them for it. Now we can come from far and distant places to get permanent residency into this land.

    Unfortunately for the Israelis, like Benny Morris recently said, they couldn't kill all their Barbarians (the Arabs/Palestinians) in the 1940s. Had they completely ethnically cleansed Israel/Palestine of the Arabs back then, we wouldn't have this Israel/Arab problem today.


    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!





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  • There you go - "inflation"! This is another reason why investing in a house makes so much sense (iff your gc/job etc are sorted out).

    Let's say you buy a house today for $300,000, and you're paying $2,000 towards your monthly mortgage. Even if you don't build too much equity on it because of the falling real estate, you will STILL come out better because inflation will make sure that your monthly payments of $2,000 in 2019 will really become $1,500 in today's money.

    But if you continue to rent, you will pay let's say $2,000 today in rent, and 10 years from now you'll be paying $2,500, and you don't have a home to call your own!!!

    During times of inflation, commodities, home, etc are the winners. you are partly correct in my view ....but to buy when prices are falling is a sure shot loser ...
    even if prices are stable or lower than the rate of inflation ..you will be losing money on the cost of the house ( 300K + for many homebuyers ..since you pay interest on the cost of the house)..for home buying to be a good investment, it needs to appreciate more than the rate of inflation (that seems years away from now)

    for e.g the person above who put in almost 80K in down payment ..
    1) if that downpayment was invested in better way ..then he could easily get 10% returns (u need to do some homework though) ...that means around 600 - 700 per month.
    so his effective rent is around 1200 per month.
    2) 5 years from now, rent may still be the same (or lower) ... it depends a lot on supply and demand on rental units too
    in majority of cases, we end up buying a house further away from our work ..that means additional 300 - 400 in gas and vehicle wear/tear per month.
    add property taxes, HOA fees, extra utilities, mntc, realtor fees, termite, lawn maintenance, long term prospects of USA, immobility (additional 800 - 1500 dollars) etc etc and you can easily say that home buying / investment in real estate is not a good bet (in USA atleast).
    if you are on temporary status - then add extra $200 - 300 risk premium per month as invisible risk cost (for risks plus extra headaches )
    so home buying should be more of lifestyle choice and not an investment point of view (in countries like India, singapore it is different since demand will always be strong for a long long time).





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  • I agree with you in principle..
    but then again several thread of same sort have been running for weeks with mostly flaming content while being blessed by admins and senior members.. what makes one conflict employment related and another not much so?

    If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.

    But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?





    Look at this way...

    Obama is planning to increase troops in Afghanistan. US is now doing cross-border attacks in pakistan. When he increases the troop level, it would only increase further hitting the core soverignity of pakistan.

    The supercop is completely preoccupied in transition with the messiah of hope taking oath on jan 20th. It would need few weeks for him to settle down.

    Pakistan is fractured with ISI's own trained militants causing havoc in Balochistan and NWFP. They are militants from Punjab and POK who are helping the tribes and Taliban. Taliban is hiding for the past 7 years and only the last two year have seen such a tremendous increase in attacks.
    Without Punjab militant's expertise (with kashmir on-the-job training) , it is impossible for Taliban to regroup in a way they have re-grouped.

    As a result, Military is forced to act on Tribes/taliban/punjab militants to support the war on terror and to satisfy USA.

    The Key questions are
    a> Who asked Punjab militants to go and create havoc in NWFP/Balochistan/Afghan border? Is it Military or ISI or lying low for a while when taking peace with India ( but using their expertise somewhere else)

    It attracted US's attention and just forces Pak Military to do more and more..

    With this Mumbai attack, what the ISI supported militants expected is a war between India and Pakistan. Military sees an escape route too.

    When a war breaks out,

    Tension on the Eastern border comes down to a nought. Taliban, Tribes, Punjab Militants, ISI and the military are ALL on the same side and India is the enemy. US would be a spectator. It unites the nation of Pakistan like nothing else.
    It reduces the pressure on the military. Military can wash from its hands the responsbility of being the ally in 'war on terror'


    I agree with you to a great extent. The Pakistani society is fractured right now, and there is nothing to unite the country than a conflict with India.

    Where I disagree with you is when you think that this is the calculus of the Pakistan army. I think the senior army (and civilian) leadership in Pakistan knows the Kargil episode too well. Kargil is fresh in their memories, and they know that a conflict with India is not worth the costs. Plus, if we are to assume that the Pakistan army was behind the 2001 Parliament attack, then again we know that the Pakistan army had to back down that time too....So, unless the Pakistan army is run by Beavis and Butthead who repeatedly touch a hot object and go 'ouch...ouch....ouch...ouch...ouch...', there is no reason for them to do this.....

    So I think, that its the militant elements that are being squeezed by the Pakistan army and NATO, and not the the Pakistan army, that pulled this off.
    (I must also add that I have a bias to believe that; thats just natural.) Everytime we see Indian and Pakistani relations improving, something blows up somewhere, and things are back to square one.





    I generally dont try to be emotional. But I saw this live on TV while I was waiting in the airport to board my flight
    from India to US and it impacted me profoundly. Man, "Enough is enough"...

    Peace,
    G

    I wonder if you attribute any of that to the media coverage of the event. Especially the 'live tv' aspect of it.
    I don't think a bomb blast with the same number of casualties would have had this much impact.
    I also think the media could have acted more responsibly than it did. I was somewhat disappointed by Pakistani media. I think there was too much bias and not so much objectivity in the coverage. I am afraid the Indian media would have acted in a similar manner too....





    Also remember - nothing is over - as long as the original poster has followed the law and handles it he/she must be fine.

    I am not so sure....OP might have followed the law to the letter but what if one of his employers did not ? As UN is repeatedly pointing out (with his CSC I140 example), OP has to contact a good attorney before replying to the request lest his app will be in peril as the contracts will suggest that the position is temporary. Being naive and hoping for the best without considering all the options by OP in my view is fraught with risks. Anyways, good luck to him.



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