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  • Lou seems to be a prominent member of CNN. So it is going to be difficult to remove him.

    Also Joe Scarxxx/Pat Buchanan on MSNBC are anti-immig.





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  • Very correct ... every person who sends a petition signed with their name is simply asking for an investigation in their case. Infact, DOS/USCIS/DOL will be reprimanded if they don't investigate these signed petitions. Even though DOS/USCIS/DOL wouldn't want to, don't have time for it and as silly as it is, they will have to launch an investigation/audit just to set an example.

    There is a saying in hindi
    "garibi mein aata gila"
    analogous translation:
    "spilling the only water you have left when you are really thirsty in a desert"

    Again, I am ready to lend support for whatever we may decide here, but please don't have people do something that can get a lot ugly later.





    Guys,

    Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.

    Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).

    I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.

    We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.

    Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.

    IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.

    ------------------------

    PD: India EB-3 June 03.
    I-485 filed in Aug 2007 at NSC.

    awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.

    Right now enjoying the freedom using EAD.





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  • No, they figured out that it is consulting companies that are exploiting loopholes.

    1) Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.

    2) Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.

    And you're telling me I am ignorant! You're funny :D

    1. Why don't you give me the proof that ALL consulting companies are not complying. You are the one who is making the argument. Do you have any statistics to prove that ? Do you know all the consulting companies in US ? Do you know all the companies that directly hire H1 ? Do you know their compliance statistics ?

    2. Did I say any of these are legal ? If a company applies for H1B, the company has to comply with the requirements of the law. It is that simple. It doesn't matter whether it is a consulting company or a direct placement.





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  • I went from 3 green's to 6 red's. I am not sure what I did to deserve this. I just expressed my opinion and provided facts on which I based my opinion.

    How do I know who gave me the red's?

    I too live in Fairfax county and I agree with you. My friend had purchased a home in Centerville and he paid the same price what it was listed for as the owner got three more contracts. He got it b'cause he paid 15 % down.

    From last month bidding on home is more than it's listed price. When I talked to a real estate agent he told this will be until September end, due to schools re - opening, and from October things will start settling down to what was one month ago. It's good if you want to sell if you are in Fairfax but to purchase wait until schools reopen ( again if you don't had a school going kid in home ) and then go for looking one for you.


    And for red marks, do not worry. There would some more here to give me red for this comment. Take the spirit from Ganguteli. I had never seen a person in IV forum changing color so frequently than him in last 3 years. Morning's he is green and evening's he is all red.





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  • Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.

    I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.

    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.

    If you would like to read about related case, refer to this pdf
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    ============================================
    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (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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  • Since 9/11, Pakistani terrorism has become a global issue. Till then it was a local issue.

    The Mumbai attacks were highlighted very well in the world media.
    That is a big step forward.

    War has economic repercussions in these times of recession and open India-Pak war is unlikely, we are all aware of that. But covert operations cannot be ruled out.

    Educated Pakistanis like alisa are well-aware of this issue of terrorism. They may try to be a little defensive but that is quite natural I would think.

    Alisa, I appreciate that you acknowledge this issue but I will not agree with you that let bygones be bygones because this terrorist encroachments have historical roots. In fact, the whole bloody thing is rooted in history since 1400-1600 A.D when the first islamic incursions began.
    Let me stop here...this is my last post on this thread. It does not mean, however, that I'll stop expressing my views against Pakistani terrorism. Not ever.





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  • The kind of delay in the GC process, the uncertainity involved and now added to this is the possibility of the Obama administration if elected making it difficult for EB GC applicants.
    We have already anticipated this and had applied for the UK Highly Skilled Migrant Program (HSMP). We will most likely move to UK soon.. as soon as the elections are over.. a matter of few weeks. Unfortunate that after staying in this country for 12 years, having graduated from one of the best schools and having worked and having been a part of this great nation this is where it may all end for us. Whats even worse is that our son who is a US citizen will grow up in some other nation.
    Well.. time to move on.





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

    maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate





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  • Friends,
    There is no reason for us to create dispute among ourselves . Let us all work with unanimity, and take constructive steps to succeed for Visa Recapture Bill.





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  • Amma,Yes, we may loose people but 'proud nation' of pakistan would disappear from the map. I'm against death of innocent but my point is to remove the threat of nuclear weapons.

    So, you want to remove the threat of nuclear weapons by using them?


    Having said that, we need to do a conventional warfare. But I guess that, it would be more of a dogfight that would bleed us economically. Meanwhile, we need to strengthen the laws but also ensure it is not abused ( corruption and bias are something that is prevalent among people with power..it wud be very hard but people with power shud be very disciplined). Diplomatically pressurize the failed nation of Pakistan and do undercover ops in Balochistan and NWFP. Collaborate with Sindhi Mujahirs and create a division between Urdu speaking Punjabis and Sindhi speaking Mujahirs and Pashutun groups.
    IK Gujral stopped the covert ops. It need to be restarted.

    Ironically, those steps are exactly what the right-wing Pakistani establishment is afraid that India is currently undertaking to destabilize Pakistan.


    Peace,
    G
    Peace indeed.....





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  • thanks UN..

    we don't mean to bug you..!!

    but sometimes these r so scary..it feels we r better off being illegal in this country..

    all this is just plain BS..when we r paying so much in taxes and SS in this country..we r still chopped and diced like vegetables ...

    btw..on the same note since you r here..does the 'out of status' count only after the last entry in to thr country..or it is still scrutinised right from the time you land into the US..

    pls post..


    Unlawful presence; overstaying i-94 card and not filing a timely extension before expiry of non immigrant status. Very serious issue; especially if someone overstays y more then six months.

    Out of status; legally here (unexpired I-94 card) but not complying with terms and conditions of the I-94 card.

    In both situations; everything is wiped out upon exit and re-entry. However; if someone has unlawful presence of more then six months then it is fatal if you leave as the 3 and 10 year bars apply to re-entry.





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  • kaiserose & NKR have made some mistakes by buying a costly home & wouldn't admit.

    May God Bless you guys.

    :D:D





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  • Macca,
    Our is an adovacy group comprising of only volunteers and with specific agenda. There may be several other Advocacy groups with similar characteristics as ours, agreed they may or may not be immigration focussed. Thus, examples of such Advocay groups that had to lobby to change laws in their favor , overcoming oppositions will help.

    For such advocacy groups , do you have any insights into the following ( Based on your readings or research)?
    a) What such group do to increase active participation of their members?
    b) How such groups are organized?
    c) How the short term and long term goals are developed/identified?
    d) How the leadership pieline for such groups is developed?
    e) Best practices when interacting with other like minded groups, without undermining their own agenda.

    If you would like to discuss on the phone or through e-mail. Thas should be fine with me.
    Thanks
    Singhsa3





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  • I am

    After the bail-out bill failed in the House, Obama immediately posted a response reassuring Americans and investors that the leaders will come up with another soon.

    Contrast this with McCains partisan blaming of Obama for failure of bailout, while it was him that pulled the stunt of rushing to Washington to 'rescue' the bailout. After failing to show the leadership of his own party -with majority of Repubs voting against the bailout (a clear indication of leadership failure and ineffectiveness of McCain Presidency in passing anything through his own party!), he found it convenient to Obama.

    And it was Obama who proposed raising FDIC insurance to $250,000 to which McCain has (thankfully) chimed in.





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  • Yeah right....
    If the whistleblower protection does not protect the non-immigrant status, nobody would blow THAT whistle, would they ??

    Would you???





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  • Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    All your assumptions about H1B is only for full time jobs is flawed. USCIS has not said that. There is no law that says that.

    BTW why do you think LCA requirements are meant only for consulting companies ? It is applicable to all H1B candidates. That has been the law for a long time. Nothing new here for you to be happy about.

    Your posts are driven by your ignorance than any legal base. You need to educate yourself in immigration perspective.

    Why USCIS audits are focused on consulting companies ?
    It is not because consulting is not allowed on H1B. It is because they figured out that H1B violation are more prominent among small companies.





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  • Every forum has its set of jokers like loveh1b. They live in their own well and think it is the world. Thats how these generalizations come.

    Don't be so harsh on people like "loveh1b". We need to educate them with the actual situation, not scare them away with such statements.

    Hopefully, loveh1b will gain from our perspectives and change his attitude towards the US legal immigration system. Not to mention, s/he can educate other people on how things work in a global economy.





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  • Alisa,

    Thanks for your posts. I'm glad to have a decent exchange of thoughts with you. I agree with you partly that 'non-state' actors are responsible and not Zardari Govt.. But Who created the non-state actors in the first place? Instead of paying unemployment benefits, who offered them job portability to Kashmir? Their H1B shouldnt have been renewed at all after they came on bench. How can a parent not be responsible for the errant child? The world wants to neutralize the errant child....but for the parent a child is a child after all and that too the one that served its interests once. If this child is abandoned, can future child ( with same objective) be created with the same ease?

    Those are the questions that are haunting many Indians on the forums.

    But I salute you and other folks for keeping this conversation civil.

    Kudos,
    GCisaDawg
    Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
    There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
    So, its going to take time for this infrastructure to go away.

    The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.





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  • 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





    Its a problem when we dont speak out on our issues - nobody understands our pain and.

    Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.

    What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?

    It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Remember the GREED brought American economy down.

    Totally agree - but also remember - it is everybody's greed. During the Y2K days, consulates were approving visas left and right, I there used to be a one page LCA with H1b and I remember those companies were under pressure to bring people in - had clerks doing immigration paperwork in tonnes and then getting approvals at rapid pace.

    If immigration always be of same standard - with standard measures to weed out resume fakers and fraud - good people won't get affected.

    If someone wants to go back in life and point at things in past - they must go back and see if they always did the right thing.

    Thats why I do not fully agree with UN. I agree USCIS are going tough - but not all companies or all immigrants are fraud because they lobbied or because economy is down or because anti immigrants are influencing them





    What a tiresome thread!!!

    Several years ago, people actually made an effort to make IV an organization representing all skilled workers, from all parts of the world. Now, immigration matters are totally irrelevant on the forums. Heck, forget about being an exclusively India focused forum, as this thread demonstrates, it is a venue to vent on matters even more narrowly focused - My religion, my sect, my opinion, my petty prejudices. If this is not irrelevant enough, we have enough threads on red dot-green dots to justify a whole separate category of forums :rolleyes:
    Anyway, it does a pretty good job of turning off people. I guarantee you this thread alone has contributed significantly in influencing many planning on attending the March rally to change their mind. It sure did mine.

    Can't agree more. I wonder when IV core will wake up and start moderating these threads.

    IV has become a platform to turn away people than uniting.
    Maybe we can start the count-down for the death of IV as an Immigration site.



    .



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