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  • krishnam70
    12-29 12:53 PM
    It has no relevance in an immigration related forum
    kris





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  • delax
    07-13 09:43 PM
    you did not get my post...last thing we want is silly argument regarding EB2 and EB3................

    me neither. Pl read this post of mine:
    http://immigrationvoice.org/forum/showthread.php?p=262198#post262198

    Some people dont seem to get the intent.

    Irrational passion calls for dispassionate rationality.





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  • anjans
    07-14 02:05 PM
    guys, it is very frustrating to be waiting for GC 8yrs from applying! with you there. But As VB says it will come to FY03 levels in Oct so, it is just a few months away.

    Also, who gets EB2 vs EB3 is decided on the job requirement. If we believe that we have been able to "fool" the system to get into a higher queue priority, if reflects that we have broken rules and calls for re-auditing all applications.So bringing up something which cannot be substantiated should be avoided.

    I realise that a new kid in the block with a 5 yr exp or MS comes to US and applies in 2008 for PERM, at this rate EB3 from 2004-2008 run the risk of syaing put till all the new EB2's clear up as that queue will be serviced fast, but i guess the problem is that people who changed jobs and used previous exp are going to benefit whileas people who joined their first job and stayed there till GC will suffer...unfortunately there is not much that can be done , except fight for visa recapture.

    It is not about ppl, USA values a phd level job vs a MS level job vs a B.S level job, and would rather incentivice them in that order. The fact you qualify for M.S level job today means that you may have to go out take it and recertify your LC.

    I dont think EB3 ppl are jealous. But dont react with emotion.





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  • mrajatish
    04-09 11:53 AM
    There is a difference between displacing an American and hiring the best talent - if I have a job opening, I interview 10 candidates and I want to select the best.

    Given the current bill, I have to wait for months to hire this candidate if this candidate happens to lack GC/citizenship. This affects my business and group productivity. Every time I wait for months to get a candidate, it affects my business.

    So, what this bill is trying to imply - "hey, do not bother hiring the best talent - why don't you hire Joe, a GC holder, he can do the job fairly well even though he is not as bright as Mary, the person you really want to hire"

    I feel a sense of disrespect in your voice for folks who do not have higher education (e.g., MS/PhD) - I have a M.S. but I know of a bunch of folks who are much brighter than me and have a bachelors degree. Infact, if I am not mistaken, Bill Gates still does not have a degree, so in your eyes, is he not useful/accomplished?



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  • redcard
    03-23 05:20 PM
    Wow...that is a pretty harsh list. Is it possible for you to politely point out that you need to prove legal status from your last entry into the country on H1B and not go all the way back to 2000 giving contracts and all ?

    I think you are right.. its from the last lawful admission into the country to check the status. I am not sure if they can dig into your past beyond the last entry to US unless you have name check or other issue.

    Here is the document which clearly states for lawful status into US.

    http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf


    You should be good incase you meet the requirement,





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  • sledge_hammer
    06-05 04:49 PM
    Your leverage is $270,000 in this investment, and you pay 5% interest on it which is tax deductible. You don't suppose one can borrow 270Gs to invest in, per my example, S&P 500 to get 10% annually? Of course the you are able to borrow that much on a home is because it is considered relatively a safe debt for the lender. That can't be said for stocks.

    How/where else will you earn $15,000 (equity) per year by spending $13,500 (interest).

    EDIT:
    Remember, every payment I make, I also include the principal payment, so I am closer to owning more of my home as time passes.

    >> But going with the spirit of my original post, in the long run, the equity you build (15K/yr) will far out weigh the yearly savings you get by renting.

    You are right in 90% of cases - where people will otherwise spend the money and not save it.

    If you have a mortgage - you are "forced" to save because the monthly amortization automatically builds equity. If you are renting - you are not "forced" to save that amount - and hence would probably be spent (in my case) in a gaming machine with I7 processor (which has NO long term value).

    However, in the hypothetical 10% scenario (in case of immigrants, specially Indians, my gut feel is that it is significantly more than 10%) - where the amount is saved in some sort of investment vehicle instead of being frittered away - you would come out ahead in the long term.



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  • xyzgc
    12-30 02:23 AM
    I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
    Thats the vicious cycle.

    It might be true, it might not be. Its only reactionary if its at all true and a very subdued reaction that is. If India was Israel in its attitude and what it is in its size, you wouldn't have seen the vicious circle that you think you see. It would have been all over by now - without all the intellectual sparring and head-banging that go on, on these immigration forums. Pakistani terrorism would have been a moot point - a non-issue.





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  • cbpds
    07-28 02:49 PM
    what did that dumb O bama do with 60 senators and 260 congress democrats in the house-------GHANTA.......he is the most useless guy on earth....

    Indians always seem to think Democrats will help them but they are like our Indian politicians only, all promises no action


    Come the November Elections, Dems could lose 10 in Senate..

    And we are back to square one.

    Dejavu 2007/2008 ;

    If this happens, no bill will pass, leave alone Immigration Reform.

    Republicans will keep sending bills and Obama will Veto 'em.



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  • Pineapple
    12-24 03:21 PM
    What a tiresome thread!!!

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





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  • SunnySurya
    08-05 10:44 AM
    May I ask, why you agree with PD porting and not labor substitution... Was it because you were affected in later case?
    Let us face it , we all are selfish. And if our self interest match then we are an organization.
    here is another point:
    i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!



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  • waitforgc1
    06-05 03:16 PM
    Does anyone know that the closing has to be before November 30th in order to get this 8K tax benefit?

    Thats Correct!





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  • Macaca
    12-27 06:50 PM
    A crucial connection (http://timesofindia.indiatimes.com/home/opinion/edit-page/A-crucial-connection/articleshow/7173785.cms) By Michael Kugelman | Times of India

    With India's soaring growth and rising global clout hogging media headlines, it is easy to forget the nation is beset by security challenges. Naxalite insurgency rages across more than two-thirds of India's states, while long-simmering tensions in J&K exploded once again this summer. Meanwhile, two years post-Mumbai, Pakistan remains unwilling or unable to dismantle the anti-India militant groups on its soil. Finally, China's military rise continues unabated. As Beijing increases its activities across the Himalayan and Indian Ocean regions, fears about Chinese encirclement are rife.

    It is even easier to forget that these challenges are intertwined with natural resource issues. Policy makers in New Delhi often fail to make this connection, at their own peril. Twenty-five per cent of Indians lack access to clean drinking water; about 40 per cent have no electricity. These constraints intensify security problems.

    India's immense energy needs - household and commercial - have deepened its dependence on coal, its most heavily consumed energy source. But India's main coal reserves are located in Naxalite bastions. With energy security at stake, New Delhi has a powerful incentive to flush out insurgents. It has done so with heavy-handed shows of force that often trigger civilian casualties. Additionally, intensive coal mining has displaced locals and created toxic living conditions for those who remain. All these outcomes boost support for the insurgency.

    Meanwhile, the fruits of this heavy resource extraction elude local communities, fuelling grievances that Naxalites exploit. A similar dynamic plays out in J&K, where electricity-deficient residents decry the paltry proportion of power they receive from central government-owned hydroelectric companies. In both cases, resource inequities are a spark for violent anti-government fervour.

    Resource constraints also inflame India's tensions with Pakistan and China. As economic growth and energy demand have accelerated, India has increased its construction of hydropower projects on the western rivers of the Indus Basin - waters that, while allocated to Pakistan by the Indus Waters Treaty, may be harnessed by India for run-of-the-river hydro facilities. Pakistani militants, however, do not make such distinctions. Lashkar-e-Taiba repeatedly lashes out at India's alleged "water theft". Lashkar, capitalising on Pakistan's acute water crisis (it has Asia's lowest per capita water availability), may well use water as a pretext for future attacks on India.

    Oil and natural gas are resource catalysts for conflict with China. Due to insufficient energy supplies at home, India is launching aggressive efforts to secure hydrocarbons abroad. This race brings New Delhi into fierce competition with Beijing, whose growing presence in the Indian Ocean region is driven in large part by its own search for natural resources.

    India's inability to prevent Chinese energy deals with Myanmar (and its worries about similar future arrangements in Sri Lanka) feeds fears about Chinese encirclement, but also emboldens India to take its energy hunt further afield. Strategists now cite the protection of faraway future energy holdings as a core motivation for naval modernisation plans; India's energy investments already extend from the Middle East and Africa to Latin America. Such reach exposes India to new vulnerabilities, underscoring the imperative of enhanced sea-based energy transit protection capabilities.

    While sea-related China-India tensions revolve around energy, land-based discord is tied to water. South Asia holds less than 5 per cent of annual global renewable water resources, but China-India border tensions centre around the region's rare water-rich areas, particularly Arunachal Pradesh. Additionally, Chinese dam-building on Tibetan Plateau rivers - including the mighty Brahmaputra - alarms lower-riparian India. With many Chinese agricultural areas water-scarce, and India supporting nearly 20 per cent of the world's population with only 4 per cent of its water, neither nation takes such disputes lightly.

    India's resource constraints, impelled by population growth and climate change, will likely worsen in the years ahead. Recent estimates envision water deficits of 50 per cent by 2030 and outright scarcity by 2050, if not earlier. Meanwhile, India is expected to become the world's third-largest energy consumer by 2030, when the country could import 50 per cent of its natural gas and a staggering 90 per cent of its oil. If such projections prove accurate, the impact on national security could be devastating.

    So what can be done? First, New Delhi must integrate natural resource considerations into security policy and planning. India's navy, with its goal of developing a blue-water force to safeguard energy resources overseas, has planted an initial seed. Yet much more must be done, and progress can be made only when policy makers better understand the destabilising effects of resource constraints. Second, India should acknowledge its poor resource governance, and craft demand-side, conservation-based policies that better manage precious - but not scarce - resources. This means improved maintenance of water infrastructure (40 per cent of water in most Indian cities is lost to pipeline leaks), more equitable resource allocations, and stronger incentives for implementing water- and energy-efficient technologies (like drip irrigation) and policies (like rainwater harvesting).

    Such steps will not make India's security challenges disappear, but they will make the security situation less perilous. And they will move the country closer to the day when resource efficiency and equity join military modernisation and counterinsurgency as India's security watchwords.

    The writer is programme asso-ciate for South Asia at the Woodrow Wilson International Centre for Scholars in Washington, DC


    What They Said: Rooting for Binayak Sen (http://blogs.wsj.com/indiarealtime/2010/12/27/what-they-said-press-activists-root-for-binayak-sen/) By Krishna Pokharel | IndiaRealTime
    Indian government criticised for human rights activist's life sentence (http://www.guardian.co.uk/world/2010/dec/26/amnesty-criticises-sen-life-sentence) By Jason Burke | The Guardian



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  • breddy2000
    03-31 10:02 PM
    I was quoting you to make a point, did not mean to put words in your mouth. Apologies.

    I totally agree about the transperancy part and the affect measuring people has on productivity. My receipt date is 07/30/09 and notice date is 09/06/2009, there were cases filed after mine on which RFEs were issued. Does it mean they have preadjudicated/looked at my case ? I can only wish as it is pretty hard to believe that it was looked at.

    did u mean to say 2007 or 2009 on your receipt and notice dates?





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  • StuckInTheMuck
    08-07 10:31 AM
    Some actual bumper stickers:

    * Watch for finger.

    * Your kid may be an honors student, but you're still an idiot.

    * Cover me. I'm changing lanes.

    * Learn from your parents' mistakes - use birth control.

    * Forget about World Peace...Visualize using your turn signal.

    * I get enough exercise just pushing my luck.

    * I didn't fight my way to the top of the food chain to be a vegetarian.

    * Women who seek to be equal to men lack ambition.

    * I don't suffer from insanity, I enjoy every minute of it.

    * Hard work has a future payoff. Laziness pays off NOW.

    * Some people are only alive because it is illegal to kill.

    * Warning: Dates in Calendar are closer than they appear.

    * Keep honking...I'm reloading.

    * Caution: I drive like you do.



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  • pointlesswait
    08-05 11:09 AM
    Labor substition was never yours to begin with...

    EB porting..you are already in the queue...you change ur job..go through the rigours of GC ..ad ..wad and lose a pad of money...then "IF" you are lucky you can regain ur position in the queue.... and looking at the 140 backlogs..anyone attempting to port his PD will end up getting stuck in the muck..;-)

    let me explain with example my friend:

    there is a blond ahead of you in the line....and suddenly she gets a nature call..she goes does her thing and returns...and she wants to regain her rightful place...

    now u my friend have a million dollar question: will u let her get back in the line in front of you...I bet u will...;-)

    now replace that blond with a desi.. i am sure i know your answer..."tere baap ka line hai kya"...

    so EB porting is possible only if you go through the rigours of stage 1 and 2...labor substition was a different animal..

    i guess i made myself clear..;)







    May I ask, why you agree with PD porting and not labor substitution... Was it because you were affected in later case?
    Let us face it , we all are selfish. And if our self interest match then we are an organization.





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  • alisa
    04-07 12:32 PM
    Why don't we let CompeteAmerica and Bill Gates and the geniuses in congress/senate figure out what the adequate number or H-1s should be. We don't care if the H1 numbers go up, or down, if I am not mistaken.

    We should only oppose increased hardships/obstacles in the form of LCA/administrative hurdles for H-1 renewals. Something that will only enrich the lawyers more, and increase the workload for USCIS.

    Whether there should be 65K H1s, or 115K, or zero. That should not be our concern.



    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.



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  • satishku_2000
    08-09 01:21 PM
    Actually; I didn't think it was courageous at all. I had to practice what I preach.

    One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.

    Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).

    I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.

    Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.

    he didn't but just in case he wanted to; I was ready for it.

    UN,

    Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?

    Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.

    My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?





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  • unitednations
    03-25 01:11 PM
    UN I think you are hyping up the current situation too much.

    Yes there are raids and arrests,

    But it is not so bad. You are saying as if everyone in consulting is getting denied. If it was so bad, all immigration forums would have been filled up with denial posts and cries for help. Maybe you have encountered people who only faced denials and not the entire spectrum. Thus your judgement may be influenced.

    I'm not one of those alarmists because many "people can't sleep" when they have immigration issues.

    Howeve; I very rarely give very specific examples, or post the RFE;s, denials because USCIS/DOL do go around and peruse the internet looking for information.

    Within IV there is a number of postings of h-1b denials.

    You will see plenty more. If a company responds to the rfe with a middle man purchase order; denial will come quickly; if purchase order is in different location of LCA (LCA has to be certified covering the work location prior to filing of h-1b) then verry quick denial.

    However; in most other cases it is taking vermont service center long tim to send rfe and then long time to deny after response to rfe.

    Check out greg siskind blog; where he reported another lawyer got internal memo of how to scrutiinize h-1b's for staffing compoanies; check matthew oh blog from last year when he reported massive rfe's coming fom vermont service center.

    I don't take things lightly. I'm pretty plugged in as to what is going on. I started discussing this last year and told peopl with extensions that they better file it early just to preserve more options if something should go wrong.

    check around with your companies, friends, etc.





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  • PD_Dec2002
    07-07 10:01 PM
    Hi,
    Thank you for all your support.They asked for my husband`s paystubs ,all employment history all W2`s when he filed for AOS as primary.Later we withdrew his petition and only kept petition filed through me as the primary.That officer is extremely detailed oriented ,he/she asked and questioned every minute detail pertaining to our case.
    New update on EAD is that local offices are no longer authorized to issue interim EAD`S.We went to local office in greer, south carolina(we live in charlotte,nc) and the answer we got was that they can only email uscis why there is a delay.and if we wanted to find an answer we should come back in 2 weeks and that they won`t disclose any thing by phone because of privacy act.

    So you got called for an interview?

    Thanks,
    Jayant





    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.





    file485
    07-08 05:05 PM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?

    reminds me of a backhome saying..

    'pinching the butt and singing a lullaby" :)

    the only way the relationship between the employer/employee is the green$$ pay stub...never trust these USCIS Memo's ..all crap and BS..