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  • unitednations
    03-24 01:16 PM
    You are wrong - many other categories are allowed to be adjusted to the status while being in the country. For example look into latest CSR report - you will know that in year 2007, USCIS adjusted 621,047 foreign nationals to LPR status among this number EB's are only around 160K remaining or in other statuses.



    The family based immigration is important and can be very painful for some cases - like spouses and sons/daughters - and that is why congress has correctly amended laws to make these cases as exceptions (there are no numerical limits and also no country quotas). That was a correct thing to do and any wait in those relationships is much more painful. But for other categories in the family based immigration - like the cases you gave as examples (like brother and sister of a US citizen) - I dont really consider them as more painful than ours actually I dont even consider them as even comparable to ours. I dont know your case, but I came to US in late nineties with couple graduage degrees and acquired one more here - started my career here and justifiably feel that I considerably contributed to success of atleast one company which grew to 200+ people at one point. I emotionally and careerwise invested here. Now after 10+ years still no greencard and know how many career moves I had to let go becuase of this. While the decision to pursue the greencard is mine and I am not trying to blame anyone here, I dont think that our pain is less than someone who is "waiting" because his brother or sister sponsored him/her doesnt make sense (note: well I do have brother and sister and cherish those relationships but expecting a lifelong/career move based on their location of living is not there; and even if there is an expectation I wont consider that even comparable to someone living there and letting go many opportunities despite of talent just because of administrative issues).

    You are right - things are getting worse - there may not be any congressional activity on this issue for sometime and if USCIS try to screw us in other ways - then its going to be a rough ride. But the EB community activism (congressional or otherwise) will actually help in at least staying things more fair towards us.



    Yes; I read all of the reports and I have intimate knowledge of how all of this works.

    Fact only dual intent visas are H/L/O and K visas.

    All other visas are non immigrant intent. Therefore, how do we have so many 485 approvals.

    Just about all family base i-485 adjustment of status approvals are people who overstayed their visitor visas, student visas, etc and adjusted status by marrying a US citizen or used 245i to forgive their unlawful status and got greencard through a different way.

    Many people who got aged out and weren't able to come with their parents wanted reunification but it would take many, many years for them to come to USA. They get student visa; lie that their parents are not in USA and when they get here then they go through EB route.

    Many people who overstayed their visas got 245i protection through a family member and then went through EB route because it was faster then family route. Here is an example;

    Person comes from India in early '90s. Wants to stay and winds up overstaying. Lawsuit is filed against 1986 amnesty and people win that USCIS has to open it up and allow people to file even though it is many years after 1986. People start faking things to show that they were here during that time. At same time they get 245i protectin by getting relative to file petition for them. They see none of it goin anywhere and then get labor substitution through eb and go this route and finally get greencard this way.

    There is so much of this that goes on with immigration and in USCIS heavy handed way they go after everyone to try to get the people who they think are dirty.

    I think everyone needs to understand that this is employment base immigration. It is not on your merits it is based on an employer needing you. H-1b was created to mainly get poeple here because it took too long for an employer to get a body by going through consular route; same concept with K-3 visas;.

    In many of the compalaints I see on the forums; people start thinking that EB greencard is a humanitarian greencard. It is very simple and employer needs you on a permannet and full time basis. If they have the resource then they generally do not care how long it takes you to get the greencard. Like it or not this is the way it currently is.

    I remember taking a local office appointment with San Jose local office to determine where my file was. It mistakenly got sent to San Diego office. Officer said I should write to San Diego and get them to transfer it to San Francisco which had jurisdiction to where I was living. I told here why doesn't she request it and I made the comment that I had been waiting for four years since I had filed the 485. Her response with a straight face was hey that's not too bad; some people are waiting for last 20 years.

    Talk to a normal American and they are not going to think that you are being disadvantaged because you are allowed to live and work here while waiting for the greencard.

    If there was no h-1b or no seventh year extensions and employers couldn't get the workers then you would really see some action because employers wouldn't be able to get the resources.

    Nurses generally weren't able to get h-1b's and they had to go through consular route. Since, employers couldn't get the resources then that is why they set aside extra 60k greencards for them a couple of years ago. It had nothing to do with the individual but rather the employer needs in getting the resources.





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  • singhsa3
    08-05 09:35 AM
    There is no point in dividing the forum. I think if someone wants to do something like this then the best course of action is to take this outside the forum or through PM.

    Lawsuits are not child's play...

    If you find enough people and have solid plan in place, I am willing to pay anywhere between $500 to $1000 towards the lawyer's fees....





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  • Halloween Candy Corn. Preview



  • yagw
    08-20 02:40 AM
    Little Johny's first day in pre-school, the teacher gave a little test. She asked the kids to close their eyes and stick the tongue out. She then put honey drops and asked them to guess what it is. When no one was able to, the teacher decided to give a hint.

    "children, its how your mom calls your dad.. well, most of the time anyways"

    On hearing this, Little Johny screamed, "SPIT IT OUT GUYS... ITS A** HOLE"





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  • go_guy123
    07-28 03:39 PM
    Asain-Americans seems to favor Obama overwhelmingly as per this survey. its interesting to read the survey - these immigrants who have gone thru the process themselves and might have friends/relatives in the process - didnt mention immigration as one of their important topic to decide on the vote. Understandably economy is the top topic but was expecting to see immigration atleast behind economy.
    POLITICS-US: Asian Americans Tilt Heavily Toward Obama - IPS ipsnews.net (http://www.ipsnews.net/news.asp?idnews=44144)

    Bulk come through family based/asylum etc and very little come through skilled immigration. As H1B you are better off with GOP.
    GOP wants to restrict the family based as well....source of chain immigration.



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  • americandesi
    08-06 04:29 PM
    Bihari professor
    --------------
    This is a true incident which happened in a college. A new lecturer (also a Bihari professor) was unable to control the class. The guys were just talking without giving any attention to him. So he wanted to send a guy
    who was creating most of the problem out. But he doesn't know how to put it in English.
    He went near the guy. Shouted "follow me" .The guy followed him till he went out of the class. Now the lecturer turned back and again shouted
    "Don't follow me" and went inside the class..........

    #Inside the Class :
    ----------------
    * Open the doors of the window. Let the atmosphere come in.
    * Open the doors of the window. Let the Air Force come in.
    * Cut an apple into two halves - take the bigger half.
    * Shhh...Quiet, boys...the principal just passed away in the corridor
    * You, meet me behind the class. ( meaning AFTER the class )..
    * Both of u three, get out of the class.
    * Close the doors of the windows please .. I have winter in my nose today...
    * Take Copper Wire of any metal especially of Silver.....
    * Take 5 cm wire of any length....

    # About his family :
    ----------------
    * I have two daughters. Both of them are girls...(?)

    # At the ground :
    -------------
    * All of you, stand in a straight circle.
    * There is no wind in the balloon.

    # To a boy, angrily :
    -----------------
    * I talk, he talk, why you middle middle talk ?

    # Giving a punishment :
    ----------
    * You, rotate the ground four times...
    * You, go and under-stand the tree...
    * You three of you, stand together separately.
    * Why are you late - say YES or NO ....(?)

    # Sir at his best :
    ------------
    Sir had once gone to a film with his wife. By chance, he happened to see one of our boys at the theatre, though the boy did not see them.
    So the next day at school... (to that boy) - " Yesterday I saw you WITH MY
    WIFE at the Cinema Theatre."





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  • Royalty-Free (RF) Clipart



  • Macaca
    05-07 09:13 PM
    'The Other K Street' (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/06/AR2007050600892.html) In the Concrete Canyon of the Business Lobby, a Pocket of Liberal Activists Settles In, By Jeffrey H. Birnbaum (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum/), Washington Post Staff Writer, Monday, May 7, 2007



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  • gc28262
    03-24 04:07 PM
    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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  • calboy78
    08-11 01:23 AM
    bump ^^



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  • Refugee_New
    01-07 10:50 AM
    Refugee_New,

    Is this true? Are you just visiting forum just for this and not for your immigration at all? If so, its really bad.

    After getting my GC, i visited this forum many times, helped a couple of forum members on how to contact congressman, sent them the draft letter etc on how to approach Ombudsman, congressman etc. I took help from this forum and i will try to return my favor to this forum.

    I highly regarded this forum, its core team and its members until "Mumbai attacked" thread was open. I knew that it will be a nasty thread and it will foment hatred towards one particular religion and its followers. And it did cause a lot of damage to members of one particular group including myself.

    Core team didn't stop this. They didn't even reminded the rules and regulations of this forum. That led to IV turning into HIV. This is not the right forum to discuss about politics especially war/terrorism etc. I don't know if IV will make it as a policy.

    I created this thread just to remind people that there are so many ruthless people/group/organization around the world that kill innocents mercilessly. I didn't create this thread to rally support for any particular group or speak against any particular faith or any particular country.

    I could have started this thread when the killing began two weeks back but i didn't. I started this when innocent school kids were massacred using missles and later it was justified. There are still so many heartless/mindless members sitting and supporting/justifying this brutal killing.

    Anyway, i'll sign off and i won't post any more message in this thread again.





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  • decipher
    07-09 01:05 AM
    If the past employer didn't pay salary, you can file a complaint with DOL regarding unpaid wages (I believe that there are some time limits for such complaints - please check).

    Even if you are not going to file such a complaint, you might be able to use it to get the required experience letter from the past employer if needed.



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  • DSJ
    05-17 02:54 PM
    That is my point, being an employee you are not fully working for your company growth. Then don't talk about a consultant is illegal when he don't get paid.

    If it is really illegal why are they renew H1 when they can know that somebody is not paid for couple of months. All they want is money, you keep paying, you are safe and legal here.

    Your point being? If you think what I am saying is wrong, argue your case please... Case and point: The abusers prevent some honest people from getting a chance. We should all be infuriated by that.





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  • texcan
    08-05 02:25 PM
    You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
    How about comparing the actual job duties of all EB2s and EB3s ? Not just what their lawyer says.

    Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).

    Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.

    Friend,

    Your questions are valid and great arguments.
    Do i care to answer them all, no. But since we are talking and not fighting, yes i will take some time to provide my input.
    Thankyou for asking my input nicely, i like to belong to a group of educated and people who wear a head on their shoulders.

    Now a days its in fashion to go to school and call oneself educated, which to me this is as absurd as buying a piano and calling one self musician. This is my version of an old saying (trying a little bit).

    Again thanks for your politeness, and showing brotherhood.

    Here is my input.


    you asked - You can't generalize everything. Do you care to show how this is as bad as labor substitution ?


    My 2 cents:
    It was bad because many people were selling labor certificates. I know people who bought them for 10K, and got in green card line and well ahead in line than me and probably you ( we both are on the group today).

    you said: How about Comparing job duties of all EB2s and EB3s
    My 2 cents: why, what will this give you , other than some unrest and one more fight/arguments.

    you said: Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).

    My 2 cents: Yes i agree. This lawsuit idea is also to stop unjust practice, with good intentions and not all.

    you said: Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.
    My 2 cents:
    you are right there are cases where porting makes sense, but you cant claim the same on all cases. There are cases where this practice is unjust and breaking the line.
    Why do peole always port in favor of date/time to get faster green card. If porting is so justified ( job duties) how come no one ports to a category that is too late than one they are in.


    Most importantly, you cant push people around, just be nice to people. Please.

    I stand with you in this fight, but remember you stand with me too, and we stand together
    to make a point for all.



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  • gc28262
    03-24 03:03 PM
    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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  • senthil1
    04-09 06:02 AM
    This bill's author says that H1b program should not be used to displace US workers. If that is main intent that is reasonable. If there is too much immigration then you will be also US worker in a few months or a few years then your job also may be replaced by future cheaper H1b youngters. Indian bodyshopers ready to bring even more than 500k H1B if unlimited H1b is allowed. So some meaningful reform is needed. My view is now there is some increase of H1b is needed but not 200k. But if they increase 120k then again lottery and that will not serve the purpose of H1b. Also if they restrict H1b then employers will have no choice to train fresh US workers instead of hiring 5 years experienced H1b. That is the expectation of Labor Unions and other US workers.


    Just because they have a position paper and a pdf file saying that they support US educated immigrants doesnt mean they do that.

    If IEEE-USA really cared about US educated students, they would have put in a provision to raise the cap for US masters degree holders from 20,000 to 40,000. Did they do that in this bill? NO.

    What created the 20,000 H1B visas for US educated students is lobbying by US universities. They saw a drop in student enrollment due to shortage of H1 visas in 2002 and 2003. Read the bureau of Immigration stats report to verify that drop in F1 visa demand from India and China in the early 2000s. Now its back up.

    Ron Hira and IEEE-USA have systematically worked for nearly 10 years to eliminate H1B program. However, they are doing it in a way that makes them look like reasonable people and helps them mask their xenophobic and protectionist attitude.

    This bill has been pretty much authored by xenophobes of IEEE-USA. If you look at the IEEE-USA website and what Sen. Grassley has been saying over the years, it has an uncanny similarity. Last year, IEEE-USA's insistence caused Sen. Grassley to put amendment in Jud committee to remove the provision of EAD for L1 spouses. Look at IEEE-USA's website and you will find remarkably similar material. Whether it was a justified and fair amendment, its a different issue.

    Lately, IEEE-USA has been against H1B employees who go back to India and China. Some time ago, they were saying "When does temporary end and permenant begin"...meaning, what part of "Temporary" do H1B "temporary non-immigrant" workers do not understand. They were against H1B employees becoming permenant by seeking Greencards and wanted them to go back after 6 years.

    Then they started opposing people who come here and go back because that is supposed to facilitate outsourcing. And IEEE-USA, like Lou Dobbs, hates outsourcing. So now they are unhappy even if H1B workers come here for 3-6 years and go back.

    So in a nutshell, they(IEEE-USA) are against H1B employees if they :

    1. Come here and stay here on GC.
    2. Come here and go back.
    3. Never come here but work for US companies and enable outsourcing.

    So the people who oppose all 3 of the above...like RON HIRA of IEEE-USA basically does not want us to exist in hi-tech work. Probably they would want all Indian and Chinese engineers to work in fields and pick cotton.

    Similary, Chuck Grassley has no problem with giving amnesty to illegals if they are agricultural workers. But in general he doesnt want too much immigration. So immigration is fine, as long as the brown people dont do white people's job. Immigration is good as long as brown people stick their brown asses in fieds picking cotton and stay away from that keyboard so that people like Ron Hira and his colleagues can get their 1990s back and write 4 lines of code per week and make $100,000 a year.

    Rimzhim, this whole public policy thing is really not your cup of tea. You go and stick to whatever it is that you are doing and let the core group handle this issue. This elitist attitude of "I am masters, I am Ph.D" is splinting apart this organization and you are too obtuse to understand the twisted ways of IEEE-USA.



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  • EB3_SEP04
    01-03 01:36 AM
    Guys,

    Looks like we may see some action from India within hours now. The war clouds have been gathering ever since the Mumbai attacks. But now the signs of an imminent war are unmistakable.

    Apparently India had given pak a deadline of one month to hand over the perpetrators of this attack. The deadline expires on December 26th.

    Both India and pak have canceled the leaves of their military personnel.

    People in border villages of Rajasthan are evacuating.

    CNN has been reporting that paki troops are on the move.

    If my hunch in right, something big will happen in next 24 hours.

    You there, Beemar? ;)

    India is not going to attack in your and my life. India has never invaded any country in it's history, (i don't know if it's peace loving or lack of balls), but several invaded, defeated, ruled and looted India. Just being big (1 billion) does not mean anything, you need the guts to avenge/attack, look at Israel, Vietnam if you need examples. Why can few tigers attack the hurd of dozens of dears/buffalos/cows and make them run ?

    India could not even fix LTTE, forget Pak.





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  • StuckInTheMuck
    08-05 01:28 PM
    Great going folks :D
    Here is one (paraphrased from another):

    Hello, and welcome to the USCIS Hotline. If you are obsessive-compulsive, please press 1 repeatedly. If you are co-dependent, please ask someone to press 2. If you have multiple personalities, please press 3, 4, 5 and 6. If you are paranoid-delusional, hit your head with the handset. If you have COLTS, hang up and check your LUD here (https://egov.uscis.gov/cris/jsps/login.jsp)...



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  • Rolling_Flood
    08-05 08:29 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?

    I am EB2 and I do not support this idea. Just imagine, someone could have applied in EB3 though he was qualified for EB2 because he was ill advised by his lawyers or employers. Why should he be punished for no fault of his?.





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  • kotlareddy
    07-19 02:38 PM
    UN, you are genius in immigarion matteres and better than any of this screwed up attorneys, Pls help this community as much as you can. I didn't come across any one close to you in immigration matters





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  • jkays94
    06-01 01:28 PM
    jkays

    my comment was all tongue in cheek. My only point is that Lou comes off as more conservative than Shaun Hannity and isn't that something.


    Its all about the $$ and competition with other networks which are giving CNN a run for its money. So much so it makes sense for CNN not to talk about money matters but topics that appeal to ultra conservative audiences. Dobbs in particular appears willing to go to any lower level to get his points across. And yes, you are right he does use FAIR, NumbersUSA and the Heritage Foundation as his sources for "statistics" and guests on his show.

    Dobbs's immigration reporting marked by misinformation, extreme rhetoric, attacks on Mexican president, and data from organization linked to white supremacists (http://mediamatters.org/items/200605240011)

    Additional links on the supremacist (http://www.adl.org/learn/ext_us/CCCitizens.asp?xpicked=3&item=12) citation as a source by Dobbs :
    Link 1 (http://journals.democraticunderground.com/BlogBox/12), Link 2 (http://www.liberaloasis.com/archives/052106.htm#052306)

    CNN's Dobbs, Christian Science Monitor cited dubious Heritage Foundation study on immigration (http://mediamatters.org/items/200605250014) - This is the same study that Jeff Sessions presented to the Senate.





    StuckInTheMuck
    08-08 05:26 PM
    Judy was having trouble with her computer. So she called Tony, the computer guy, over to her desk. Tony clicked a couple buttons and solved the problem. As he was walking away, Judy called after him, "So, what was wrong?"

    And he replied, "It was an ID Ten T Error."

    A puzzled expression ran riot over Judy's face. "An ID Ten T Error? What's that ... in case I need to fix it again?"

    He gave her a grin... "Haven't you ever heard of an ID Ten T Error before?"

    "No," replied Judy.

    "Write it down," he said, "and I think you'll figure it out."

    (She wrote...) I D 1 0 T





    gchopes
    06-24 10:33 PM
    Why are be debating 3 - 4 years rent vs own? As the subject indicates "long" term prospects of buying a home..we of all the ppl should know the meaning of the word "long" based on our "long" wait for PD (which I think should be renamed to retrogress date because I see nothing priority about it)..the point being lets debate 10 years rent vs own..as against 3-4...I think over a 10 year timeline the buyers would come out ahead of the renters..maybe not in CA but in other states that's quite likely..



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