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  • unitednations
    08-02 10:35 PM
    You mean the spouse gets 245i benifit even if the spouse was not present here on dec 2000 and came after 2001.


    I haven't read the memo in a long time. You would need to research it.

    It just piqued my interest because it could be used by people who need the 245i benefit but weren't eligible for it and they got it through their spouse even though spouse may have not needed it and spouse relationship didn't even exist at that time.




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  • gimme_GC2006
    04-13 02:58 PM
    ok..never mind..I called the officer and informed that I don't have any such information and since it was taken over by a different company, I am not in a position to get it..so Officer seemed satisified but asked few other related questions..and it is good for now..

    sigh..




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  • dpp
    05-16 11:06 AM
    How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!

    Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.


    These are all base-less statements.

    H1B program in not just designed for lazy full-time in-house foreign nationals. If an employer who can pay minimum wage (or more) given by DOL, they can recruit H1 and sponsor the visa.

    Do you know that 70-80% of H1Bs are on working on Consulting basis to complete the short-term/long-term assignments. They are the bread and butter of US IT business, not the full-time H1bs working in-house, who again takes a consultant to complete his job.

    May be some are abusing the law, but you have no right to say all of them are like that. Good and Bad will be there in any field/society/law. So, for that do not blame everybody working in that.

    I know several full-time H1Bs working in-house , but depends on outside consultants to do each and every work and they take the salary every month for doing nothing. So, with that i cannot say all full-time H1Bs are lazy and don't update their skills. There are exceptions to everything.

    Consultants are not like that, they work hard every hour and get paid just for the time they worked.

    Do not start the argument of dividing H1Bs. If you want, goto anti-immigrant sites and join with them. They will ditch you too someday.

    Support IV.




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  • file485
    07-07 09:41 PM
    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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  • 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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  • SunnySurya
    08-05 09:52 AM
    You right... But my question is why can't I contribute to IV as well as to his effort. After all the reason I want to contribute to IV is that I want some thing in return that will help me get my Green Card faster...
    I am worried that people who originally filled in Eb2 and have later PDs will be punished.
    I am worried that people will seek easy way out instead of concentrating on fixes like visa recapture.

    ... and dont forget that you drink from it too.

    Take the $500 or $1000 and contribute to IV so that we can get a solid resolution.

    No wonder illegals are so strong. United they stand. Pity 'highly educated' workers use their 'intelligence' for matters nefarious and counter-productive. No wonder we are in this situation to start with.

    If there were a collective voice with strong bargaining power, we would have not been in this situation.

    Law breakers are feared. Law abiding folks are derided.

    Go on, feed Loo Dogs for yet another sensational story on why ALL immigrants need to go back.

    Dont forget, for the average Joe anyone that does not 'look like them' can be a target for hate crime and resentment. PR about a case like this can only make the entire community weaker. If you happen to be Indian, what is to stop someone that is upset about immigrants not targeting you or your family? They wont know that YOU are their protector in chief, with the lawsuit stuck in your backpocket. You are but a symbol of the problem that you make out to be.

    Seriously. I have been involved in very key discussions with very senior public figures. Their number one pet peeve: You guys are so divided, even if we wanted to help, we are unable to.

    You just go on to prove their point.

    It is understandable that you are upset about what you see as being 'unfair'... just extrapolate that to the Ron Hiras of the world and NumberUSAs of the world ... you are feeding the larger cause of hatred towards highly skilled workers ... by creating a false impression that highly skilled workers abuse the system...

    Dont make your pillow peeves an issue that comes back to hurt ALL, including you. On many dimensions. This is serious stuff. Think about it.



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  • ilikekilo
    03-25 04:27 PM
    lol...you are right..

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


    None of my business as to what you do but U not going thru a lawyer seems counter intuitive to me.. not sure why u r taking chances to see whether you would regret or not? anyways good luck man..




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  • gaz
    01-10 06:48 AM
    Killing of innocents is always terrible. Even more so when it is children.

    Hamas has been holding Palestinians hostage - and now Israel, the cop, doesn't care if the hostage is affected in the fight.

    Israel is fully justified in defending its people, but should at least spare shooting independent parties like the Red Cross etc who are
    helping the wounded in Gaza.

    "when Elephants fight, its the grass that suffers."


    I am not sure why Islamic Fanatics become victims when they are attacked. Israel is 101% right in defending their territory from Palestine terror attacks. My home country is gonig through the same problem but my government won't do anything.

    Similar example of Pakistan becoming a victim of terror when actually it is a factory of terror and 100% of it s population supports terror in one form or another.

    Don't fire rockets if u fear trouble. Civilized world ( US,UK.Israel,India) need to come together and get a gameplan to weed out this trouble.

    When those terrorists kill innocents, Islamic fanatics go silent. They only wake up when their terrorist brothers are killed.

    So collateral is always in play.


    :D



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  • manub
    07-08 10:51 PM
    We won`t get any letter from that comapany as my husband din`t exit in good terms.(Ofcourse if they won`t pay him for months).
    I do believe in our case the reasons are more to do with the officer dealing the case than with actual technical issues.
    In the NOID they said the reason mainly was( he changed from company A to B to C but when he reentered he entered on B instead of C .at that time was not very knowledgeable about all this stuff)he reentry was not legal and was willful misrepresentaton of facts.
    Then our lawyer in our reply sent that as long as both visas are still valid it is legal.Then now they state ok his reentry is not wrong only the paystubs part is wrong and stating he never worked for that company chose to deny.




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  • gimme_GC2006
    03-27 03:23 PM
    ok..My docs have been received by AO.

    Here is the email I got back today

    Good morning, Mr XYZ. I received your email and will be in touch after review of the mailed documents. Thank you for your prompt attention to this matter.


    I hope everything goes smooth...still waiting :o



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  • unitednations
    03-24 07:25 PM
    Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.

    So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
    on the other hand how do you put an end to this misuse ?

    Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"

    There are two service centers that process h-1b's. California and vermont.

    Vermont was very, very easy in the past. Now; they want contract and purchase order with end client. If somehow you can get it then they want detailed duties to see if job requires a degree. it is difficult to get a purchase order/letter from end client let alone a detailed job description/duty. If you can't get one and they ask in an rfe; they are denying it.

    If you can get one; they are stating duties aren't specialized enough to determine job requires a degree OR they think the company is going to further outsource the candidate.

    California is along similar lines but they only deny if they think the contract/purchase order is from the middle man.

    Big problem is verrmont changed their expectations midstream. California has been pretty consistent the last few years and they haven't changed much in how they look at h-1b's.




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  • paskal
    07-08 08:46 PM
    I have been here 11 years. 4 different employers.
    I have all my returns and W2's
    why in the world would i keep every paystub?
    makes no sense. of course little does.

    UN thanks for the comments.
    any predictions on where we are headed? my vested interest is in EB2 india...

    btw why is everyone presuming that the 60,000 approvals went to India and China? EB3 ROW is retrogressed- all the extra numbers could have gone there. that would in any case be all the better for india/china in the longer term- the faster that backlog is finished, the greater the chance india/china lines will show meaningful movement.

    also did you notice the cantwell-kyl compromise amendment in the failed CIR 2007 had a provision for 485 filing w/o visa numbers current?



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  • ufo2002
    05-24 01:30 PM
    Well.. I am usually a thread killer in many forums... lets see if this works:

    TTIWOP!




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  • Refugee_New
    01-06 12:45 PM
    Discussion of non EB related issues should be stopped.
    This form should be used for employment related immigration issues, end of discussion.
    I have given you green for it.

    Why do you want to end this discussion? Are you scared of speaking the truth or you don't care the killing of innocent school kids?



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  • venram
    03-22 04:54 PM
    Here is the key thing - now it is crystal clear that purchasing a house cannot be a short term investment. If you plan to buy a house, you should plan on staying in (or retaining it by way of renting) the house for at least 5 years. I feel, that should drive the decision of your buying the house or not. Visa status is just a very small factor in this decision. If you are not very confident of keeping your visa status valid until you get a green card, then quit the idea of buying the house for now.

    I would think even if one has a green card in hand and cannot be sure of being in one place for at least 3-5 years, then quit thinking of buying a house until you secure yourself in one place for that kind of a term.


    my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.




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  • learning01
    05-24 01:00 PM
    It's a request.



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  • senthil1
    04-08 07:34 PM
    IBM and Oracle will survive without H1B as they will hire US workers and set back will be temporary for them. So this bill is targeting the Indian bodyshoppers who are running company just by H1b persons. This was expected for long time. If it is not happening now it is going to happen in a few years. We knew that hundreds of US companies went out of business after 2000 as they were not able to compete with Indian consulting companies because of rate.


    What about professional services? Like IBM global services, Oracle consulting etc.... all these companies thrive on after sales customization and support based on professional services contract and there are thousands of h1b visa holders doing professional services. It is also outsourcing of a employee to a client implementing their system. Look at SAP, Siebel consultants, they are outsourced at client places for years together to finish implementations and their work locations are changed based on client's needs from time to time in between jobs - this is again a huge pool of H1bs.
    I used to work fulltime for a company in their professional services group and travelled on the job to a lot of places. The company thrives on h1b resources for their high pressured jobs and they always bring in people from outside the country to do their jobs.

    I think outsourcing employees to a different location is a part and parcel of H1b, and this bill is nailing exactly on that. It is aimed solely to purge out H1bs from the country.

    So all said and done, we may now go down based on a racially motivated bill. I am not sure what it takes to educate the law makers, I would like to see the senior personnel at IV and more analysts to look into what can be done on this bill.




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  • pitha
    01-28 09:57 AM
    lou dobbs is not a reporter, dont get confused. He is an opinion dispenser. Just like Rush Limbaug, Sean Hanity, Glen Beck etc. But either ways he is after us in immigration.




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  • Macaca
    12-27 08:33 PM
    The Speaker's Grand Illusion (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/26/AR2007122601484.html) Nancy Pelosi and Congressional Democrats Need to Get Real About What They've Accomplished By David S. Broder | Washington Post, Dec 27, 2007


    After one year of Democratic majorities in the House and Senate, public approval ratings for Congress have sunk below their level when Republicans were still in control. A Post poll this month put the approval score at 32 percent, the disapproval at 60.

    In the last such survey during Republican control, congressional approval was 36 percent. So what are the Democrats to make of that? They could be using this interregnum before the start of their second year to evaluate their strategy and improve their standing. But if Nancy Pelosi, the speaker of the House and leader of their new majority, is to be believed, they are, instead, going to brag about their achievements.

    In a year-end "fact sheet," her office proclaimed that "the Democratic-led House is listening to the American people and providing the New Direction the people voted for in November. The House has passed a wide range of measures to make America safer, restore the American dream and restore accountability. We are proud of the progress made this session and recognize that more needs to be done."

    While surveys by The Post and other news organizations show that the public believes little or nothing of value has been accomplished in a year of bitter partisan wrangling on Capitol Hill, Pelosi claims that "the House has had a remarkable level of achievement over the first year, passing 130 key measures -- with nearly 70 percent passing with significant bipartisan support."

    That figure is achieved by setting the bar conveniently low -- measuring as bipartisan any issue in which even 50 House Republicans broke ranks to vote with the Democrats. Thus, a party-line vote in which Democrats supported but most Republicans opposed criminal penalties for price-gouging on gasoline was converted, in Pelosi's accounting, into a "bipartisan" vote because it was backed by 56 Republicans.

    There is more sleight of hand in her figures. Among the "key measures" counted in the news release are voice votes to protect infants from unsafe cribs and high chairs, and votes to require drain covers in pools and spas. Such wins bulk up the statistics. Many other "victories" credited to the House were later undone by the Senate, including all the restrictions on the deployment of troops in Iraq. And on 46 of the measures passed by the House, more than one-third of the total, the notation is added, "The president has threatened to veto," or has already vetoed, the bill.

    One would think that this high level of institutional warfare would be of concern to the Democrats. But there is no suggestion in this recital that any adjustment to the nation's priorities may be required. If Pelosi is to be believed, the Democrats will keep challenging the Bush veto strategy for the remaining 12 months of his term -- and leave it up to him to make any compromises.

    An honest assessment of the year would credit the Democrats with some achievements. They passed an overdue increase in the minimum wage and wrote some useful ethics legislation. They finally took the first steps to increase the pressure on Detroit to improve auto mileage efficiency.

    But much of the year's political energy was squandered on futile efforts to micromanage the strategy in Iraq, and in the end, the Democrats yielded every point to the president. That left their presidential candidates arguing for measures in Iraq that have limited relevance to events on the ground -- a potential weak point in the coming election.

    The major Democratic presidential hopefuls all have their political careers rooted in Congress, and the vulnerabilities of that Congress will in time come home to roost with them. Today, Democrats take some comfort from the fact that their approval ratings in Congress look marginally better than the Republicans'. In the most recent Post poll, Democrats are at 40 percent approval; Republicans, at 32 percent. But more disapprove than approve of both parties.

    That is another reason it behooves the Democrats to get real about their own record on Capitol Hill. It needs improvement. And in less than a year, the voters will deliver their own verdict.




    senthil1
    04-08 07:28 PM
    Finally anti immigrants will make the immigrants to fight to keep atleast whatever they have it now. If we want EB reform we may have to accept some H1b restrictions. Otherwise get ready for status quo and wait years and years to get gc with same H1b mess as this year. If you ask liberal H1b and liberal GC then you may not get anything. I will be surprised if Strive bill passes without meaningfull H1b reform. The situation is completely different from 1999 or 2000. If they bring multiple anti immigrant bills then everything may be dropped. Best way is to introduce that 50% of hires should be US workers. That will be best bet and that will not have any impact on current H1b holders


    Hi pitha,

    Thanks for posting this info. Could you please share the source of this information?

    None of us should take this bill lightly. There is a saying - "one should never watch sausage or law being made". The guys who vote on the bills, in most instances, don't actually know what they are voting on. Most lawmakers may vote in favor of this bill as the anti-lobby is warpping this bill around a message "this bill is to enhance protections for American workers, so are you going to vote against American workers?" As such most lawmakers could vote in favor of this bill. The current environment is very dangerous where most people watch news in the sound-bites and half of the Senate is running for President. In such an environment, if you ask Obama, Hilary, Dodd, McCain etc., they are all likely to vote in favor of this bill, without going into the nuances and actual implications of this bill. None of these guys would want to be headlines saying something like �Obama is against American Works�. No one will actually care to look at the long term implication of such a bill whereby most of the IT jobs will be outsourced.

    From tomorrow, we should all email and inform everybody that we can, including our employers. What is the direction from IV core? We are all waiting for the matching orders��.




    gomirage
    06-07 10:21 PM
    For me its a very simple thing, print that damn thing of plastic and I will buy.

    lol, can't blame you.



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