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  • krishnam70
    03-26 07:10 PM
    The attachment upload fails for me as well but goddamn UN, you are unbelievable.

    1. Your knowledge of the specifics and technicalities and access to information is very impressive

    2. And you go out of your way to share it with others

    That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.

    Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?

    That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?

    your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.

    - cheers
    kris





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  • SunnySurya
    08-06 12:21 PM
    Don't worry there is no solid basis for the lawsuit. Only lawsuit that can be filled , if at all, is BS+5 , which is USCIS ineterpretation of Advance degree equivalent.
    Source: A reputed lawyer known to us all on this forum.
    Mode of consultation: E-mail

    Next course of action: Unknown. But folks with US Masters or higher please PM me...


    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.





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  • immique
    07-14 10:10 PM
    why did you not sue your employer saying that he improperly filed the petition in EB3. you should have done it long time back and you can still do it. If you do not want to do it, you should have switched employers and refiled in EB2 with a different employer. personally I do not prefer to work for any such employer who does not understand the true value of your skills. such isolated experiences are not a justification for circumventing EB preference laws.

    Why do you write 'I know this mess is depressing for EB3 folks' ?
    Is IV not with Eb3 folks? Or are they not important.

    Let me clear somethings.
    Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.

    What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
    Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.

    So, why would you not fight for us?

    If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?

    Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.





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  • Administrator2
    01-08 04:09 PM
    Thanks Refugee_New, for your response, understanding and maturity.

    Lets keep all discussions civil regardless of how we feel about the subject. Thats a request for everyone.


    Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.



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  • insbaby
    03-25 06:56 AM
    Awesome piece of advice..I've got to meet ya!!

    Because you Can't Leave America.





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  • alisa
    01-03 11:30 PM
    But the point is, these cockroaches came to Mumbai from Pakistan are fed by ISI, don't you still realize. In what language do you want to hear?

    I don't think so.
    I think the current army and civilian leadership in Pakistan does not want to have unfriendly relations with India. Its just that the inertia and the momentum of the past policies is still making an impact today.



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  • SunnySurya
    08-05 02:56 PM
    I just got several red dots for expressing my opinions...





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  • dartkid31
    05-25 01:45 PM
    http://www.law.yale.edu/outside/html/Public_Affairs/709/yls_article.htm

    February 23, 2006
    Watch Video of Author Tom Friedman's Lecture

    Please note: You will need Quicktime 7 to view this video.

    BTW People who support Lou and his view are as ignorant and xenophobic as he is.

    Communique - Your posts dont suggest that you are an immigrant or even pro-immigrant.

    agreed. I think most people on this site have also noticed that.



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  • gcnotfiledyet
    03-24 03:53 PM
    Ofcourse I am unbias.

    I can't even begin to think how many people I know; cases I know from people who are from india.

    I'd say that it is less then 3% from people with other countries.

    As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.

    Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.

    Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.

    btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.

    Your posts are arguably best on this forum. I have religiously read all your posts and will do in future. Your posts always make sense. I just wish we could get more insight and perspective from you. Great work. Keep them coming.

    What are your thoughts on h1bs/GC sponsored by universities. Do you forsee any problems with them? Also any insight on long time it takes for visa stamping?





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  • 485Mbe4001
    08-11 04:11 PM
    Dobbs is more worried about his show and ratings. i am sure he has an h1b working somewhere in his office or his old office at space.com. more importantly do you guys feel that he affects policy decisions or the immigration debates going on. if he barks let him bark...
    I heard sensenbrener (wrong spelling but you know the guy) on the radio yesterday, it sounded like no way in hell he was going to compromise on his issue an let the bill pass. Now that is one guy people from IV need to talk to or send emails to, atleast to help him understand out point of view.



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  • Amma
    12-26 07:45 PM
    Attacking Pakistan is a stupid idea.The hardcore hawks in Pak wants this only.
    By war this side crores will die and that side crores will die. The Laskar e toiba will go to hiding in NWF and plan for next attack. India will be backward for 10 years and Pak will be backwards for 20 years.Do you want this ?

    Don't attack Pak. It will be a failed state on its own. By war between us , China is going to gain.So, the people who want war with Pak by sitting comfortably in US, please think once again. It is not like going to picnic. It is life and death man.

    America is failing in tackling terror in Iraq and Afganistan. Israel is failing in tackling the Hamas. Srilanka is failing with Tamil tigers.So tit for tat is not working. It will only aggrevate the problem.

    Unless the fools in Pak understand the importance of real education and tolerance , they will go to drain .Now the whole world knows Pak is the culprit.They even disown their own citizen who got captured in Bombay attack.Such is the pathetic condition of proud muslim country .Shame !

    My suggestion is ask US to attack Laskar e Toiba training facilities in Pak.[ Six americans and four isralies died in the Bombay attack. That is enough reason for America's attack.]
    If US attacks Pak , the stupid people in Pak can't do anything. That way , Indian innocent jawans and common people will be spared.





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  • abcdgc
    12-27 01:22 AM
    Also, people like Hamid Gul and Kaayani have been directly involved in direct aid to terrorists organizations and Taliban in Pakistan & Afganistan. These are the worst of your kind, the difference is, Kaayani has a uniform to show. But a terrorist is a terrorist, with or without a uniform. He and ISI is directly responsible for Bombay attacks. You prove that Kaayani is not responsible. While you collect the evidence of Kaayani's innocence, we are ready to respond to the war you started.



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  • diptam
    09-26 02:47 PM
    Here is my Point if we educated legal immigrant community support Barack or John ( though its a virtual support because we are not eligible to vote:))

    If Barack doesn't win this 08 election economy is going to go further down , unemployment rates will spike , DOW will further nose dive , more banks will be bankrupt ( today morning WAMU broke 9/26/08) and there will be NO EMPLOYMENT BASED REFORM in such a Turbulent Job Market Situation.

    Anti Immigrant Groups will scorch the phone lines and will probably gather support from neutral peoples as well and scuttle any EB REFORM if the economy is bad. Their point is Americans are Jobless and you are giving Permanent Job Permit to Foreigners and any one will buy it - how much we SCREAM and SHOUT that we already have a Job, you know !

    Now tell me if you want to support Barack Obama OR John McCain - take it EZ





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  • sledge_hammer
    06-05 05:53 PM
    Unless one is a day trader, he/she probably has a real job (no offense to day traders :D), and only invests regularly through his/her employer sponsored retirement account or if she is self employed, she has an IRA account, to take advantage of dollar cost averaging. I am the latter btw! It used to be that 10 years was what was considered to measure the performance of any investment, and even though that trend has changed now, let's just stick with the 10 year yard stick.

    Let's take an example of Joe. Let's assume he has 30K in his pocket for investment. His goal is hard set to invest right now and cash out in 10 years. Let's find out where he stands at the end of 10 years in the two situations, rent and own.

    -------- I am going to spend the next 10 mins crunching some numbers and I will get back to you :D. You are free to post your calculations here ---------------

    Now we are getting into another different fun topic - how does a real estate "investment" compare with other forms of investment.

    1. Leverage = speculation = risk. By taking the leverage and buying the house - you lock in a 3-5% return and a lot of risk (for a 200k house - that would be 10k/year max). The 3-5% comes from long term price appreciation trends.

    If I did not buy that 200k house - I would invest the initial 40k and the rest of 160k gradually every month. For simplistic calculations:
    return from 40k - 5% (I can show you reward checking accounts with that rate even now). Inflation protected TIPS could be a good place if you are afraid of hyperinflation
    Earnings = 2k.

    You save 3k each year by renting.
    Running Total = 5k.

    Every year - you put in some money to your investment vehicle = mortgage amortization. So over 30 years - you would have been earning investment income on $80k @5% on an average = 4k.
    Running Total = 9k.

    So you are making 1k more by buying - AND taking a lot of leverage = risk.

    Inflation can upset this calculation - but not much. 1980 - 2008 was an unusual period of low inflation and high growth = high housing price increase. Any bets on how sustainable that would be? Typically housing price appreciation would be at or below inflation - which would favor other investment vehicles over real estate.

    I personally would need much more compelling reasons than the above to buy.

    This calculation does not take into account the flexibility in relocation if you do not buying a house. It alos does not consider the risk associated with having the largest chunk of your portfolio invested in a single non-diversified house instead of having a properly diversified portfolio.

    Probably not very relevant - but you can get a lot of leverage if you have the stomach for it by opening a brokerage account with 40k (your initial downpayment). A good semi-professional one would be IB (interactivebrokers.com). Margin accounts give a 3X/4x leverage any day. Buy a few interest rate, currency or commodity swaps with that - and your leverage can reach stratospheric levels. I know I dont have the stomach for that.



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  • nogc_noproblem
    08-05 01:49 PM
    A man was sitting alone in his office one night when a genie popped up out of his ashtray...
    ... and said, "And what will your third wish be?"

    The man looked at the genie and said, "Huh? How can I be getting a third wish when I haven't had a first or second wish yet?"

    "You have had two wishes already," the genie said, "but your second wish was for me to put everything back the way it was before you made your first wish. Thus, you remember nothing; because everything is the way it was before you made any wishes. You now have one wish left."

    "Okay," said the man, "I don't believe this, but what the heck. I wish I were irresistible to women."

    "Funny," said the genie as it granted his wish and disappeared forever. "That was your first wish, too!"





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  • Humhongekamyab
    08-08 02:39 PM
    You MUST read them out loud

    1) That's not right ................................... Sum Ting Wong
    2) Are you harboring a fugitive?................. Hu Yu Hai Ding
    3) See me ASAP....................................... Kum Hia Nao
    4) Small Horse ........................................ Tai Ni Po Ni
    5) Did you go to the beach? ...................... Wai Yu So Tan
    6) I think you need a face lift .................... Chin Tu Fat
    7) It's very dark in here ............................Wai So Dim
    8) I thought you were on a diet ..................Wai Yu Mun Ching?
    9) This is a tow away zone .........................No Pah King
    10) Our meeting is scheduled for next week ..Wai Yu Kum Nao?
    11) Staying out of sight ..............................Lei Ying Lo
    12) He's cleaning his automobile ..................Wa Shing Ka
    13) Your body odor is offensive ....................Yu Stin Ki Pu

    :D


    :D One of the best.



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  • Macaca
    12-21 10:53 AM
    Bush boxed in his congressional foes (http://www.latimes.com/news/printedition/front/la-na-congress21dec21,1,2311328.story) Democrats took the Hill but were stymied by a steadfast president By Janet Hook | LA Times, Dec 21, 2007

    WASHINGTON � Just over a year ago, a chastened President Bush acknowledged that his party had taken a "thumping" in the congressional elections, and he greeted the new Democratic majority at the weakest point of his presidency.

    But since then, Democrats in Congress have taken a thumping of their own as Bush has curbed their budget demands, blocked a cherished children's health initiative, stalled the drive to withdraw troops from Iraq and stymied all efforts to raise taxes.

    Rather than turn tail for his last two years in the White House, Bush has used every remaining weapon in his depleted arsenal -- the veto, executive orders, the loyalty of Republicans in Congress -- to keep Democrats from getting their way.He has struck a combative pose, dashing hopes that he would be more accommodating in the wake of his party's drubbing in the 2006 midterm voting.

    Bush's own second-term domestic agenda is a shambles: His ambitions to overhaul Social Security and immigration law are dead; plans to update his signature education program have foundered; few other initiatives are waiting in the wings.

    But on a host of foreign and domestic policy issues, backed by a remarkably disciplined Republican Party in the House and Senate, Bush has been able to confound Democrats. It has been a source of great frustration to the party that came to power with sky-high expectations and the belief it had a mandate for change. And it is a vivid reminder of how much clout even a weakened president can have -- especially one as single-minded as Bush.

    "We have custody of Congress, but we don't have control," said Rep. Howard L. Berman (D-Valley Village). "Bush has shown, time and again, that he's a very stubborn guy. November 2006 didn't change that."

    Many Republicans have been surprised and impressed with Bush's continuing power -- even when he has used it to ends they disagreed with.

    "At the beginning of the year, most of us viewed the president as having less control over the process than ever," said Rep. Michael N. Castle (R-Del.), a moderate who voted against Bush on healthcare, the budget and other issues. "But this year, he realized more goals than in a lot of the years when he had Republicans controlling Congress."

    At a news conference Thursday after Congress adjourned for the year, Bush had kind words for much of Congress' work and did not gloat over his success in keeping Democrats' ambitions in check.

    "What ended up happening was good for the country," he said.

    Democrats blamed this year's congressional gridlock on Bush, but his inflexibility on key issues was just one factor.

    Republican lawmakers showed scant interest in compromise. Democrats were riven by internal divisions. And Bush did little to unite rather than divide the factions on Capitol Hill. He did not much resemble the kind of politician he was as governor of Texas, when he forged a strong relationship with the Democratic lieutenant governor.

    Immediately after the 2006 election, it looked as if Bush might offer Democrats an olive branch and set a more bipartisan tone. He let go controversial Defense Secretary Donald H. Rumsfeld. He called incoming House Speaker Nancy Pelosi (D-San Francisco) at home on Christmas. After years of ignoring congressional Democrats, he began inviting them by the dozen to the White House to hear them out.

    But the honeymoon did not last long. Democrats were furious when, after an election they believed was a mandate to withdraw U.S. troops from Iraq, Bush in January announced a buildup. A few weeks later, he went around Congress and issued an executive order giving the White House greater control over the rules and policies issued by regulatory agencies. White House meetings with Democrats turned partisan -- and then petered out. Bush repeatedly reached for the bluntest of presidential tools -- the veto.

    His first veto this year nixed a war spending bill that included a timetable for withdrawing from Iraq. Democrats' promise to press the issue all year lost steam after testimony in September from the top commander in Iraq, Army Gen. David H. Petraeus, instilled confidence in Republicans whose commitment to the war had grown shaky. Without more GOP defections, Democrats in the Senate were powerless to undercut Bush's war policy.

    Bush also wielded his veto power to great effect on domestic issues.

    He blocked Democratic efforts to expand stem cell research, a popular bill that had broad bipartisan support. The failed effort to override that veto provided a window onto a dynamic that was key to Bush's source of strength throughout the year: Many moderate Republicans parted ways with the president on the stem cell override vote -- as they later did on his veto of the children's health bill -- but there were enough conservatives who agreed with him to sustain his vetoes.

    Bush issued a barrage of veto threats to curb Democrats' domestic spending plans -- an effort that helped him regain some favor among fiscal conservatives who had lambasted him for allowing the Republican-controlled Congress to jack up spending to record levels.

    "Fiscal conservatives can see the president getting stronger on spending this year than in the previous six years," said Brian Riedl, a budget expert at the Heritage Foundation.

    Democrats had wanted to add $22 billion to Bush's funding request. But he drew a line in the sand and guarded it for months. He vetoed a bill packed with spending for education, health and other popular programs. The final budget approved this week adhered to his overall spending limit -- and dropped riders on abortion and other issues he objected to. And it included the money for the Iraq war with no strings attached.

    Bush also held the line against Democrats' efforts to raise taxes, which they proposed to offset the costs of new health spending, energy programs and a middle-class tax break. Faced with Bush's veto, Democrats could not enact taxes on such inviting targets as cigarettes, wealthy hedge-fund managers and big oil companies.

    Bush's Republican allies were almost giddy with their unexpected success.

    "Who would have thought a year ago that Democrats would have come down to the president's budget number, that we would be ending the year by funding the troops in Iraq and Afghanistan, and that we could complete the year without raising taxes on the American people?" said Senate Minority Leader Mitch McConnell (R-Ky.). "And all despite having a Democrat majority in Congress."

    Heading into the 2008 elections, Democrats will have to keep their supporters from becoming demoralized over not being able to deliver more with their majority.

    "It's hard for them to understand, and it's even harder for us to live with," said Senate Majority Whip Richard J. Durbin (D-Ill.).

    But Democrats are trying to turn their tribulations into a campaign issue by telling voters that the party will not really have a working majority until they expand their Senate caucus from the current 51 to 60 -- the number they need to block GOP filibusters and other stalling tactics.

    The tag line on a fundraising pitch by the Democratic Senatorial Campaign Committee: "51 seats is not enough. Help us turn our country around."

    Acknowledging that GOP victories this year consisted simply of blocking Democrats, some Republicans say they will have to develop a more positive agenda to build a successful political brand. Said Rep. Fred Upton (R-Mich.), "The product we're selling is negative."





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  • ssa
    07-14 02:13 PM
    About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?

    The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...





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  • gc28262
    09-26 10:14 AM
    Democrats will continue their push for CIR even after election.

    Illegal immigrant numbers are in millions. Illegals are guaranteed vote banks for democrats. These illegals once legalized will permanently shift the political fortunes in favor of democrats.

    If CIR is passed, we may not see another republican president in US history !





    Madhuri
    05-16 11:08 AM
    Very well said Sanju. You put everything in right perspective.





    xyzgc
    12-24 01:43 PM
    Granted there are loose canons in every community, yet some evils are encouraged by doctrine in religion such as below:

    http://living.oneindia.in/kamasutra/spheres-of-life/religious-prostitution-partii.html

    .. and simply you are down in mud pool doesnt mean whole world is like you!

    I think everyone should check this out.
    http://www.youtube.com/watch?v=izUv-ywBeg4

    This is not western/Indian/Hindu propaganda! It comes from an Arabic woman.

    And this is also applicable to educated women, not just ignorant, impoverished, illiterate masses because this lady says in Saudi Arabia women don't have the right to drive.
    Sexual abuse of a child permitted by religion...I'm shocked beyond words, till date I thought it was all western and israeli propaganda!

    Another eye-opener about Islamicn bad practices! Again from an Arab!
    http://www.youtube.com/watch?v=-SP-YcsOSco



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