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  • 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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  • Yes you are correct. Employee has nothing to do with the Abuse. More over most of the employers have nothing to do with the abuse as well. Lawmakers must get their facts straight before imposing such foolish laws.


    Pete, I am myself a manager at a leading company and do not fit into the typical "consultant" profile.

    That does not mean I want more shackles on myself because I feel someone is abusing the system. If someone (employers) are abusing the system, go after them - why do you want to go after the employee who, in a lot of cases, has nothing to do with the abuse?

    In fact, if this bill passed in its current form, it will probably not affect me but I will still oppose the bill - why, because it goes against my fundamental belief of freedom of movement. If the senators want to reform the system, may I ask

    1. Why prevent H1Bs from joining legitimate consulting companies such as Deloitte, IBM, BCG etc

    2. Why should H1B's pay Social security and medicare when they are "temporary" and do not get a dime back?

    Think of the bigger picture and then about your own objectives - I am sure you are a well educated person and you will understand the consequences of arbitrary decision making based on vested interests.





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  • I am not saying everyone else are less skilled that me. Read my posts please. Nor am I saying everyone are less honest than me. I am saying that people applying for an H-1B without having a FULL-TIME JOB from day 1 are DISHONEST.

    Everybody who employs H1B is on FULL-TIME JOB only. There is no exception to that. But the employer can ask his employee to goto any client place to perform the work that the company agreed upon, that is in between the employer and client/third-party vendor. There is nothing to deal with H1B here. H1Bs are always work on a FULL-TIME JOB only with their employer. I don't know what is your problem? You are misleading H1B program on how it works.





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  • Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?

    reminds me of a backhome saying..

    'pinching the butt and singing a lullaby" :)

    the only way the relationship between the employer/employee is the green$$ pay stub...never trust these USCIS Memo's ..all crap and BS..





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  • All monkeys also interfiled and became lions


    hilarious!





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  • How old is the technique of discrediting my links to win the argument. Of course, if I tell you of all the atrocities of Indian army in Kashmir, or punjab, or assam, to you I am a muslim, and my default I hate India. Of course, it wouldn't matter if good old amnesty internationl would raise a red flag against india...
    http://www.amnesty.org/en/appeals-for-action/thousands-lost-kashmir-mass-graves

    wait they have raised a red flag a million times, anybody paying attention, or just shaking head in disbelief?
    or you do not want to loose your right to dance on murder of muslims had it not been a country like India where Modis, advanis, uma bhartis can roam freely....
    ...oh wait, but India also denies any trials against in military in Kashmir, so they can do what they want, and never be challenged in court of law, and amnesty's report goes to garbage, because this is Hindu india, and minorities like Sikhs, Bodos, muslims, dalits, dravidians will have to put up with their hegemony...

    ... and yes, if somebody losses his mind because his home has been bulldozed by indian army, or women raped and murdered ... he will be branded terrorist and shot.

    http://news.bbc.co.uk/2/hi/south_asia/6074994.stm

    ... but of course this is a rambling of muslim, and all muslims are terrorists, and all hindus are protector of bharat mata, so when a hindu kills a muslim, he kills a terrorist, but if a muslim rebels in lack of justice and equality, he is a terrorist.... it's a fair game!

    I know you must have left the forums by now. But I find it interesting how you are being misled by the so called leaders in India itself. Check this column by Tarun Vijay http://timesofindia.indiatimes.com/Columnists/Tarun_Vijay_Thou_shalt_rise_again/articleshow/3882599.cms Check out the differences between Shabana and other muslim leaders on the forum. Interesting!





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  • I have full sympathy for anyone that has not broken any laws including OP and 'leoindiano". If I had the powers to approve green cards, I would give them away to him and his brother!

    The problem here is no one (consulting company/employee) bothered to make sure that a person on H-1B was allowed to do consulting. I'm not sure who dropped the ball - companies, employees, or the immigration lawyers. But someone should have raised a flag when the type of job was really a temp job. Unfortunately that did not happen.

    Now that the damage has been done, and USCIS is coming after such folks, they are upset that it is happening to them. Again, do note that I am not saying the consultants themselves are less skilled than anyone with FT job. I'm just saying that at the time they got into consulting they did not think of the various consequences. Maybe because no one ever thought that working at different locations, benching, temp nature of the jobs were all against H-1B visa rules?

    You get my point?

    sledge_hammer,

    Why don't you define what a "permanent" job is ?
    You think FT job is a permanent job and consulting is a temporary job ? I don't think so.

    There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.

    Try to define a permanent vs temporary job in US without bringing H1B into the picture.





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  • ok now i'm really confused between AC21 and future employment debate....
    AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx

    Hi United Nation,

    If AC21 is so difficult to use what about EAD?? Is all these apply to EAD too??

    -M





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  • Found this somewhere in the internet , this is meant for those Indian muslims who want to cause havoc in India.

    Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of Australia , as the government targeted radicals in a bid to head off potential terror attacks.
    'We speak mainly ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language.
    -----
    Maybe if we circulate this , Indian citizens will find the backbone to start speaking and voicing the same truths against islamic radicals infesting the country.

    Interesting. In Australia, the Muslims that want to live under Sharia law are immigrants but In India they are part and parcel of Indian fabric for several centuries. So, John Howard's 'Memo' may not work in India! One pill doesn't cure all ills! As Howard said, try making one language as THE language and see what happens. We have gone thru that path and let us not fool ourselves.


    Coming to Sharia law in the context of Indian Muslims, If Sharia Criminal law is implemented for Indian Muslims, what would happen? While non-muslims who commit small crimes in India serves few months or few years in Jail, Indian Muslims who commit the same crime would loose a hand or a two and a leg, maybe. This would see equal application of Sharia Law, both personal and Civil.

    Sharia law is OK as long as it is personal and when things are resolved among Muslims. But when one of the community member isn't satisfied and come to a secular court, then the secular law of the land should apply. For instance, when Shah Bano came to court, Secular law should have been applied.

    Amend Existing personal and criminal law to remove any references to religion, either Hindu , Muslim, Christian or any. (I believe Criminal code never had any reference to religion)

    Pass a super law that states "With respect to PERSONAL laws only, India respects Hindu law, Sharia law and whatever new law any new religion comes up with when it is used solely among that community. But when a member of any community approaches any judicial wing of the country, then the secular law of the land would prevail"... For ex, if a muslim who marries two wives is drawn to court by one of his wives, the first question should be "which wife do you want to keep since secular law recognizes only one"...For the divorced wife, everything that should be done based on secular law should be done including alimony, child custody etc..

    Indian Muslim community is not one big mass instead it is fragmented. There is no national leader of repute that can unite them and lead them. They may not vote for BJP due to obvious reasons but their vote is spread across all other parties. For instance, they have to go either with DMK or ADMK where congress has no scope of occupying CM post! So much is made out of Antulay and the vote bank. Maybe Antulay would be able to win his constituency. But can he get the all the Muslim votes of Maharashtra? I doubt it..Forget about national level. Many people are hearing his name for the first time because of his statement.

    Where does it leave Indian Muslims who are caught between Vote bank politics and their self-inflicted as well as forced stagnation?

    Peace,
    G





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  • Thats why these killings happen. Now you agree. Thats why you guys are killing school kids also. Because you see them as potential terrrorist. This is the truth.

    Dunno man.....them people are raising their kids to be terrorists....i am worried what they would do to innocent people when they grow up. Go search on YouTube or LiveLeak for Palestine Children and its disturbing what these school kids are learning to become. I don't know of any culture that raises their young ones to hate like that.





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  • the main message of the bible is forgiveness

    And what do bible say about people who do not believe in bible. How can the creator who created everything, including "believers" of your faith, and "non-believers" of your faith, how can such a creator who knows nothing but giving, how can that fellow say - "non-believers" go to hell. Don't you think that was purposefully put in there by Saint Paul, or someone who showed up after him. That shallow view cannot be coming from a supereme being, its just not possible.


    and the sacrifice that God made in order to save mankind. the person the bible portrays is the man who wanted to sacrifice his life for all of us. history proves that to be true. I don't think any king would want to change that message.
    God hates evil, and both God and evil cannot exist together. Man is doomed to eternal death because of sin. but God loved us that none of us should perish, and that's how he gave us a way to escape death (not mortal). that is through the great sacrifice He made for mankind.

    Book of Romans 5:8
    "But God demonstrates His own love toward us, in that while we were yet sinners, Christ died for us."

    Your version of history and the way you have been tought histroy proves that to be true. And just like the other fellow who said that books of hindu religion is not doctored, you come up with reasons who books or your faith are not doctored, which is not surprising. Why is it called "King James Bible" if King James did not create his won version? Why are there so many versions of bibles qurans, Geetas? Which version of each of those books is correct? Let me guess, the answer is, the one that I believe, or the one that was handed to me by my parents. And thats just too much bull, you know....

    Some of the parts of each holy book emanates view of supreme being, but then there are others which preach hate. All that I am saying is, be critical when you read yuor book, and question everything that it has to tell you. Don't live in medival period and follow these books blindly, you are an educated man, for christ sake. Even Christ or Allah or Krishna or whomever you beleiev in, even they will not want you to follow a twisted belief system in their name, would they? Just think.... So why is it not your responsibility to critically think about that is being taught in those books is not some form of hate in the name of religion.

    First thing that all religions do is, tell you that you r are a sinner, because just like George Bush, every religion works on the principle of fear. No. I was not born as a sinner, no one was. Everyone else is an extraordinary creation of creator created out of love and giving. And anyone telling you that we are sinner is simply abhomination of the creation of the creator.

    Say you are a computer programmer. The question is - Why are you a computer programmer? Because you applied your mind to become a computer programmer, and thats why you are now called - computer programmer. Now say you worship the true nature of GOD, which is not but love, none of this sinner and kafir stuff, ok. Now you apply your mind towards God, what will you become, and reflection of god itself. And during a period of time people will identify you with the object to which you applied your mind. I believe Jesus, Buddha, Krishna, Mohammad, Guru Nanak, were great visionary souls and applied their mind to GOD such that their coming generations identify them as GODs, just as I applied my mind to become a computer programmer and now I am identified as computer program. This applies to every so called "GOD" in every religion.

    Ray of light from Sun is a medium for light & warmth, but no one prays the ray of light, everyone prays the Sun becuase thats the source. Likewise, all the great souls who showed up from time to time, they are like rays of Sun light, showing us the direction to the Sun, but in this metaphor, mankind started praying the ray of sun light instead of the Sun and formed all those different religions based on the ray of sunlight. And now everyone fights with each other over whose ray of sunlight is better. Just imagine how ignorant and foolish this behavior is?

    I don't think that every word of bible is the word of Jesus Christ. I don;t think that every word of Quran is the word of Mohammed. I don't thin that every word of Geeta is the word of Krishna. If there was a way for these great souls to appear before us in this age and talk to people who "appear" to follow them, these great souls will tell their so called "followers" to stop this nonsense in their name.


    .





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  • Eb2- I people are wrong when they think any steps taken by EB3-I are because of jealousy.

    I am an EB2 I applicant and my PD became current this month. If I do not care, I wouldn�t even be checking out this thread. I understand your pain and frustration, I was stuck too for a long time in the old labor process before perm came.

    EB2 I people do not think EB3 I people are jealous. I do not think Rolling Flood is from India, let alone being an EB2 I applicant. He just rolled in thinking he can open a flood gate of arguments and counter-arguments, let�s just prove him wrong.





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  • Both these incidents make you shudder in disbelief and disgust for those who believe in wars and bloodshed.





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  • Did you mentiopn like Phani_6 that your lawyer filed Eb3 on advice from DOL inspite of you qualifying for Eb2?

    I already mailed the Letter to Visa Section, DOS with a request to allocate some Visa Number to EB-3(India) to help to reduce the wait time. Did not mention about EB-2 or any other thing. Just a Request for EB-3 (India).





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  • Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

    I don't see why there are so many angered arguments...

    .....
    .....


    Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.


    Are you Rolling_Flood?

    Law is what it is. It is not what you believe is correct.





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  • Hi Manu..

    it must be living hell for you with this mess, we all pray for you to get some route out of this hell.

    When did INS ask for your husband's pay stubs for 2000-2001? although he was filed as a derivative when did they ask you for this..?

    pls post..

    waiting for your response.





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  • Absolutely correct. When a company hires someone they are not just thinking about QA, junior programer etc they are thinking about the growth potential of that individual. You dont even need a seconday school certificate to do a QA job, but if the company is any good they will try to access your skills beyond the immediate required position and see how you might grow and be an asset to the company.

    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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  • We'll have to just make sure we file an amicus on behalf of the USCIS if a case like this goes forward...





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  • Alright! Let us be adults. It is like Sri Lanka going all over and telling the world that LTTE is as lethal as Al Qaida and is a threat to US, UK, Israel and Europe. Although US and UK has declared them as terrorist organization, I think it was more because they had a hand in Rajiv Gandhi's assasination.
    Agreed, LTTE is a terror org and their issue is Sinhalese treatment of Tamils.
    (another example of the tyranny of the majority against minority) .
    Lankans may be followers of Buddha but when it came to Tamils, they were far from being a Buddha and more like anti-buddha!


    And Israel did the same thing too. It projected its conflict with Palestinians as part of Bush's global war on terror, the centre piece of which was a war-of-choice in Iraq. Russians tried to project their conflict in Chechnya as part of Global war on terror. Now Georgia is trying to project it as a victim. The line between aggressor and the victim is becoming increasingly blurred. That is the reason I believe, this issue is much more than black and white with a shade of Gray all over it. We can argue till the cows come home but until the countries understand the motivation of (any) enemy, the enemy is not going to be defeated.

    So tomorrow if I loose a job and kill someone considering responsible for it is justifiable? Where is the gray area?





    Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.

    My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).

    IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.

    There are thousands of real estate agents who charge 3% commission for sale of homes. Buyer's agent gets 3% and seller's agent gets 3%. It takes a total of 6% in commissions of real estate agents when you sell your house.

    Of those 3% commission that each agents get, the pass on 1% to the agency. Like if a Remax or century 21 agent gets $3000 in commission, he/she has to give $1000 to the agency and keep $2000.

    SO going by that principle, "kickbacks" as you would call it, would not be legal? Right?

    Everywhere, a portion of revenue, if the employee generates revenue for the employer goes to employer. That's how employer keeps his lights on and feeds his/her family.

    Now there are some who exploit this to their advantage. And that should be fixed. One way to fix it is to limit certain holds and loosen the grip of employers on the greencards petition of employees. Completely destroying the consulting business is not the answer to that as this bill tries to do.

    If you are working "Like a dog" then you should get paid overtime for anything beyond 40 hours. Its a part of negotiation and its your responsibility to negotiate that with your employer before joining the project.





    I just copied and pasted the coward Refugee_New's msg to me. I'll be careful about 'quoting others' also!

    Did you consider banning him?


    CreatedToday,

    We have not considered banning you or anyone else. Refugee_New has apologized for sending unfriendly messages.

    We work hard to keep the forums civil, without any use of abusive language. We need your help to achieve this goal before we are successful with the bigger challenges ahead of us in 2009.

    Thank you for your participation in the community effort.

    Administrator2



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