Saturday, July 9, 2011

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  • delax
    07-13 09:48 PM
    [QUOTE=kutra;262395]Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

    Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

    I am not trying to convince anybody about the merits. The original post asked for comments which I offered. PL read this post of mine
    http://immigrationvoice.org/forum/showthread.php?p=262198#post262198

    I am not at all surprised at the 'backlash'.
    I appreciate your input and candor





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  • alien2006
    07-14 03:03 PM
    I wouldn't use the word slave so calously. We on H1s are not slaves, we have some restrictions but we are not slaves. I think you need to see some good documentary or better yet read books on slavery.





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  • chanduv23
    09-26 02:26 PM
    OBAMA is for lesser H1B but more EB GC. He prefers workers who are entering the US to have intention to stay permanently than temporarily because it helps the economy.

    That's the wisdom of Durbin amendment. Lesser H1B because you will get GC instead.

    Everyone say "H1b is not good we want more GC". Then the whole thing moves towards a new points based system and everyone will support it saying - this will ensure US will have best and brightest. What happens to us???? We will be ignored





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  • unitednations
    07-08 10:41 AM
    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.


    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.



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  • Refugee_New
    01-06 05:24 PM
    What would be the purpose of reading all that? I thought the spotlight was on hamas...this is how you try to move the spotlight away huh!!

    My point is, they keep the spotlight on Hamas and go kill as many innocent civilians as possible.

    Even when they kill school kids, we still blame Hamas. We don't blame the killer and try to stop their mad actions. Thats my point.





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  • Macaca
    12-26 08:38 AM
    Congressional Quarterly now conducts multiple voting studies and often does not count procedural votes. To get the most politically accurate result, the NRCC monitors only how often the freshmen vote with Pelosi, who as speaker usually votes only on the most important issues. Washingtonpost.com's party unity score is based on all votes.

    Rep. Brad Ellsworth (D-Ind.), who has opposed more than half the journal votes, called his opposition "protest votes against little things I heard during the day" before.

    "I hope the people back home are monitoring all my votes," he said.



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  • smuggymba
    07-28 01:37 PM
    I regret the day when Obama became the president, he is just another politician who does not give a damn about EB2,EB3....he is just worried about "re-uniting families" (aka supporter of illegal immigration)





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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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  • singhsa3
    08-05 09:09 AM
    Obviously you pissed of lot of people. So what is you plan? How would you approach this. Please explain the steps including your source of funding...

    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.





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  • xyzgc
    01-09 06:58 PM
    Online Israel-Hamas war
    http://www.foxnews.com/story/0,2933,478626,00.html



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  • crystal
    07-07 10:18 PM
    related article on murthy for the Inadvertent Unauthorized Employment


    http://www.murthy.com/news/n_hombus.html

    http://www.murthy.com/news/n_nscuna.html

    Actually ..I had even read somewhere in these forums, that 'out of status' etc will be considered since the last entry into the country..

    in your case, if he re entered into the country in 2002, the previous status should not be considered...but we can never argue with the immigration officers,once it gets into their head,they can be the most 'sanki' guys..

    take appt with Rajiv Khanna/Murthy without wasting any minute further..





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  • rvr_jcop
    03-26 08:37 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.

    Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?



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  • Refugee_New
    01-06 04:41 PM
    WOW!!!

    Can you read how much hate you are spewing in your posts? against jews, against hindus...against anyone who disagrees with the mostly wrong opinion you have. Where do you get your information from by the way? I mean the REAL TRUTH?? Have you been to Gaza?

    Read Hamas's charter....it is clearly mentioned in there "calls for the destruction of the State of Israel and its replacement with a Palestinian Islamic state in the area that is now Israel, the West Bank, and the Gaza Strip"

    At the same time read about "Greater Middle East", "Greater Isreal" and "New world Order" , "Unipolar world" etc if you have time.





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  • nojoke
    04-15 11:59 AM
    Agreed, but then you have no way of knowing if you would have been less happier growing up in a bigger home. For all you know, you may have been more happier.



    That is the general line of thinking everyone has including all the people who are posting on this forum. If more money does not equate to a better life, then why are all these people taking the trouble to desert their home land and live in a foreign country? If more money => better lifestyle, then it follows a home can provide a relatively better environment to a child than an apartment.

    If all Americans live in rented apartments, drive only used Japanese cars (resale value), furnished their homes with scant used furniture and were focussed on investing their money than spending it, then the American economy will go down to the level of a third world country in less than 10 years.

    This does not mean everyone has to run out and buy a home. The point as I said earlier is to see a home as a home and not as an investment.

    No. It is not the general line of thinking. Let it go and don't defend the indefensible. You don't buy everything your kid wants. You get what you can and what you think is best for your kid.
    I have lived in apartment when I was a kid and so has so many others here. We were happy and never regretted living in apartments. More money doesn't always imply happy life. Less money doesn't mean sad life. This year alone 6 of my friends are going back to India because they choose to live in their homeland. They have greencard etc.
    And renting people are not poor either. They choose to rent for various reasons. The question is - is it a good time to buy? Having 485 or green card has less significance in this economy. The housing market is crashing and will fall for another 2 years. So rent save money and when time is right buy a house. For those of you who are not convinced then atleast hold on till you get greencard, so that you will atleast be able to comeback when you visit your parents. We are talking about recession and depression and you never know when your company is going out of business and when there is going to be a layoff.
    If you disagree and think it is a good time to buy, then show me the reason.



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  • brshankar
    08-05 10:27 PM
    Rolling Flood,

    There are only 3000 visas allocated to EB2 India category every year. If they didn't allow spill overs from EB1 to EB2 then the PD for EB2 India will be UNAVAILABLE just like EB3 India and EB3 India guys would not want to port to EB2 because it does not help them.

    The main reason EB2 India is moving fast is because of the spill overs from other EB categories. OK I agree that EB2 India should get spillover visas from EB2 ROW but why should they get EB1 spillover visas? Is EB2 = EB1? Why can't they allocate the EB1 visas equally between EB2 and EB3. See it is the law that allows for visas to spillover from EB1 to EB2 and then to EB3. Same way it is the law that allows for EB3 to port to EB2.

    Please dont make this a big deal. Nothing is perfect, we can find fault in everything.

    To my fellow IV members,

    Lets not fight. We need each other to win this battle. Lets win it together.

    Thanks





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  • sledge_hammer
    03-24 02:17 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!

    sledge_hammer,

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

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

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



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  • desi3933
    07-09 01:56 PM
    Related question - if your I94 is expiring say 8/11/2007 and ur H1 is still valid until 11/11/2009; do you have to renew the I94..while in the US (given that you are not travelling outside US)

    The H1B does have a I94 at the bottom corner with 11/11/2009 as Exp Date.

    You already have I-94 valid until 11/11/2209.

    Just to verify, are the numbers same on both I-94s (8/11/2007, 11/11/2009)? If so, you are ok. Staple the new I-94 in the passport along with the old one.


    ______________________
    Not a legal advice.





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  • nogc_noproblem
    08-05 12:51 PM
    A blonde was mowing her lawn when she accidentally cut off the tail of her cat...

    which was hiding in the grass. She rushed her, along with the tail to the local Walmart.

    Why Walmart???

    Walmart is the largest retailer in the world!





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  • sanju
    12-20 07:02 PM
    Religions reminds me of trunk monkey. Folks from WA state will know what I am talking about.

    RCUBxgdKZ_Y





    smisachu
    01-04 02:10 PM
    So you should not have any problem if India kills a few of your cockroaches, right? In fact India will be doing a favour to you, since you are undble to kill the roaches in your house, India will do it for you..This has been my point all along in this thread. India should conduct surgical strikes and "clean" regions of Pakistan where these terrorists eminate from. Pakistan should in fact open its borders and aid Indian troops in cleaning up its mess.
    India is not interested in occupying Pakistan nor is it interested in destroying it. Stop being paranoid, we only want the roaches killed.

    And for your parallel of 9/11, 3K Americans were killed by 19 "Middle eastern" Muslims- not South Asians. The problem of terrorism ranges from Egypt in the west to Pakistan in the east. It does not bring India into play and the whole world is aware of this. India has been a victim of terrorism for the last 60 years.


    "What apology?
    I am not responsible for the actions of those people. Imagine if after 9/11, an American asked you to apologize for the actions of the 19 'Brown men' (I am assuming here that you are a south asian male) who killed 3000 Americans, how silly do you think that situation would be. If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.[/QUOTE]"





    i_have_a_dream
    08-09 04:33 PM
    UN, thanks for the time you spend giving us your educated advice.

    I would greatly appreciate a response on my situation.

    I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. S i want to go through the route of future employment.

    I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.

    What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.



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