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  • another one
    09-29 05:14 PM
    I have been here since 1997. An Obama win may just restore my faith (which was severely damaged after Bush relection) in the average intelligence of a voter.

    I know that chances of passing of a bill favorable to skilled immigrants are greater with Republicans, but there are other issues far more important to me. For e.g. with a Republican win, the chances of "collateral damage" (deaths of innocent abroad) increase tremendously. I do not want that to be funded through my tax money. Neither do i want my child to read about "creationism" in school (despite paying for all that private school fees!). These issues are more important to me than tax cuts or getting a green card sooner. just my two thoughts...


    I am an Electrical Engineer by training and I manage and lead an R&D group at an American semiconductor company. We design computer-chips that enable about 50% of the world cellular phones.

    I will definitely be moving out of the US when the Dems get elected as I do not think that they capable of making the politically tough but necessary decisions on immigration. They are beholden to too many populist groups and will make the immigration issue a class-based fight. I've had enough of paying taxes, creating $$ & jobs for US-based companies - I've been waiting since 1999.

    I am of course thankful to the US taxpayer who has paid for my graduate school tuition and board, to the US-companies that have given me opportunities that are equal to native-born Americans, and to my American friends for their friendship and hospitality. But prudence demands that I hedge my bets and I will have to relocate to friendlier shores.

    Thought I'd share my experience. Good Luck to All.





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  • unitednations
    03-24 02:39 PM
    UN - why do you think USCIS allows

    (1) File for h1b from consulting company - when they think there is an issue
    (2) Allow labor substitution - when they think it is not good
    (3) Allow eb3 to eb2 porting - when they think it is not good
    ....
    ....
    ....

    the list can go on

    Why do you think people who are following law - not liked by USCIS?

    I am not blaming USCIS or not poking at them or your interpretation.

    I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.

    Right now USCIS is giving everyone a hard time.

    I didn't even think that getting rid of labor substitution was a good thing. Much of the issues related to labor substgitution had to do with IT jobs. Although IT jobs take up a good number of greencards; it impacted other companies/people who weren't doing anything wrong with it. It was a first step in making eb harder.

    I am a pretty good advocate of the staffing companies. Kill staffing companies and h-1b and employment base greencard is finished for people from india. I don't think many people realize the implications of what is going on. Staffing companies are the lifeline for employment base IT and for nurses. Thre would be no more retrogressoin as people wouldn't be able to come here. All the people who are here in so called permanent jobs will also eventually get squeezed (laid off; company mergers; promotions; more rules like tarp, etc., and they will eventually also stop doing greencards except for the most senior of senior people).

    People really need to be careful right now.





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  • leoindiano
    03-24 08:57 AM
    Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!

    People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.

    Dear Sledge_hammer,

    Dont just hammer around. The people who are doing consulting is not doing it out of their choice. It is the economy it forced some of us into consulting (fulltime to the company we work for but work for a client). In 2001, when we came out of school and tech bubble burst, there was no fulltime jobs, we were forced to do consulting. Some of my freinds who graduated in 2000 got into microsoft, oracle, cisco who didnt had damn good GPA. The guys who had 4.0 GPA and graduated a semester later didnt get those offers, coz bubble burst by that time.

    I am forced to tell you that the guys who are doing fulltime jobs working in same technology and same companies and doing same thing everyday are by no means smarter than the consultants who work in different industries, different technologies and enjoy their work. I would challenge the guys to come out and find a job faster than a consultant with same amount of experience.

    Luck By Chance doesnt give them a right to cry foul on consultants everyday....I am really sorry if i hurt anybodys feelings. I was forced by some of our fellow members. You have lot of other things to talk about. Dont blame consultants for your misery. If you are destined to suffer, you will suffer one or other way.

    I would advice all FTE's to be prepared for unexpected twists and turns in bad economy.





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  • desi3933
    07-11 10:33 AM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.

    If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.


    [COLOR="Red"]
    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??
    ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??



    1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
    2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
    3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?


    ________________________
    Not a legal advice.



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  • delax
    07-13 12:33 PM
    Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

    That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?

    Again - want to continue a healthy debate, but as per the law, EB2 is more skilled than an EB3 and therefore gets precedence regardless of the date. If we split up the spill over 75/25 between EB2 and EB3 then what answer do we have to the more skilled EB2 candidate who did not get a visa number because a less skilled EB3 took the number based on an arbitrary split up (75/25) and because the EB3 has an earlier PD. Does it meet the meritocracy test which is the intent of the law.

    I may sound plain and harsh but thats the categorization as per existing law not my personal opinion.





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  • gapala
    12-17 05:24 PM
    :D:D:D That atleast made my evening!

    I can see tabletpc standing naked!!!!!:D



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  • ItIsNotFunny
    03-27 09:02 AM
    10 Reasons to Lobby for your cause (http://www.independentsector.org/programs/gr/10ReasonstoLobby.pdf) (courtesy krishna.ahd)

    For many of us, lobbying is something other people do�people who wear fancy clothes and buy politicians lunch at expensive restaurants. But lobbying, or more simply, trying to influence those who make policies that affect our lives, is something anyone can do. And it is something all of us should do if we believe in a good cause and in a democratic form of government. Read on to find out why.

    ......


    Very nice post.





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  • Refugee_New
    01-06 05:28 PM
    What do you mean by "Others"? Al-Jazeera? Al-Aqsa? Al-Manar?? FYI, Here are couple of Articles from the charter of Hamas. And you think Hamas is peace loving organization because........ ?

    Article 7 of the Hamas Covenant states the following: "The Day of Judgement will not come about until Muslems fight the Jews (killing the Jews), when the Jew will hide behind stones and trees. The stones and trees will say O Muslems, O Abdulla, there is a Jew behind me, come and kill him. Only the Gharkad tree, (the Cedar tree) would not do that because it is one of the trees of the Jews." (related by al-Bukhari and Muslem).

    Article 22 claims that the French revolution, the Russian revolution, colonialism and both world wars were created by the Zionists. It also claims the Freemasons and Rotary clubs are Zionist fronts. "You may speak as much as you want about regional and world wars. They were behind World War I, when they were able to destroy the Islamic Caliphate, making financial gains and controlling resources. They obtained the Balfour Declaration, formed the League of Nations through which they could rule the world. They were behind World War II, through which they made huge financial gains by trading in armaments, and paved the way for the establishment of their state. It was they who instigated the replacement of the League of Nations with the United Nations and the Security Council to enable them to rule the world through them. There is no war going on anywhere, without having their finger in it.

    I am not supporting Hamas or their core belief. I am not going that far. What i'm saying is, how can one country kill school kids and go scot-free???

    When we cried for terror victims, why don't we do the same for palestinians who are victims of state sponsored terrorism???

    If we want to discuss about Ideology of other faiths and different groups, we can open one more thread. You wouldn't want to open another thread. Because you know how nasty those ideologies are? Every religion/group have their own ideology and they are nothing but brutal.



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  • Refugee_New
    01-06 02:59 PM
    If the thief is hurling bombs and rockets towards police and other innocent people, then yes. Else more innocents will be killed by barbaric thief.


    Thats why Indian Govt. freed ruthless terrorists to save innocent civilians?
    Don't write crap just for the sake of argument.

    When Indian government can release ruthless terrorists in order to save Indians, Do you think people belong to Palestinian govt. elected by Palestinians will hide in schools in order to get killed by ruthless enemy?

    Don't you hear the same lie again and again year over year? If Hamas is using school kids as thier shield, then how do you think Palestenian people have elected the same people who cause their kids death rule their country?

    Don't you think?





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  • funny
    09-26 02:34 PM
    Do you think that It will effect everyone who is already waiting....I my personal opinion, the Point based system will be implemented to the new applications and not the pending ones...These applications are already in the Last stages why would they spend time and resources on these all over again...but again this is my personal opinion



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  • h1techSlave
    04-07 04:43 PM
    My arguments apply to people with a single home to worry about. People who want to move from apartment into a house of their own.

    Managing a rental property (when you have more than one house, you have to rent the other houses), is a totally different ball game. I have no personal experience with that field, but am actively considering it. It doesn't cost you much money to think/study about it, right?:)

    he is /was talking about buying 2-3 houses. BTW that was then (2001) and this is now ..between then and now ..millions and millions of houses have been built and given to people with zero / no / absolutely no credit / downpayment. BTW I buy stocks when it is low and sell when it is high ..buying 2 houses or even 1 house in place like california ..is a big big thing (since no lender will give you loan unless you put in atleast 10 % ( 15 % - if you want to avoid PMI) ..just for argument sake ..say even if a person buy 3 adjacent (if u are lucky) houses (not townhomes) ..do you then buy 3 mowers or move them from 1 yard to another ? 3 bills ..prop / hoa / utilities ..it is a nightmare to even think about it ..and more so when you read articles from experts and economists who say prices will fall 15% more ..best is to have diversified portfolio with minimum expense (3 homes is big big expense)





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  • SunnySurya
    08-05 03:25 PM
    ....



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  • zshakyaz
    03-25 11:43 PM
    ok..People its been more than 6 months since some adventure in my case :D

    OK..today morning I got a call from a lady voice saying she is from Immigration services..

    The call ended by the time I realized my senses..here is the short story

    Immig: We are verifying your details and need from information to process
    Me: sure.

    Immig: WHo do you work for
    Me: Blah Blah employer

    Immig : Where do you work and who is your client
    Me: Blah Blah

    Immig: When did you first came to US. Where is Port of entry..
    Me: blah blah

    Immig: Do you have all of your IT contracts details.
    Me: COntracts? Since they are property of my employer..I dont have.

    Immig: We need to see your contracts with the clients..
    Me: hmm...I can try but I dont know if I can get them

    Immig: Well...It will help process your application..How fast we can process depends on how fast you can get those..
    Me: OK..I will try..

    Immig: Give me your email..I will drop in email with all info..you can reply back with copy of contracts
    Me: Ok..blah..blah email

    Immig: I need All phone numbers and all supervisors of all clients you worked with in US
    Me: I gave all of the details..told her that I cannot vouch for the validity of phone numbers or emails, as I dont know if they work for the same company

    Immig: Ok..done..I will send email..
    Me: thank you


    I this power play, I forgot to tell her that I already went through interview in aug08 and officer found everything correct. :confused:
    Nevertheles..does anyone know what this is all about?
    Why would they need this kind of information..I am not worried as such since I was never on bench or anything and have all LCAs all blah blah details.

    Just curious :confused::confused:

    (:this is all true regarding Immigration Services calling then)
    Hey guys I also got a call from Immigration Services today on March 25 2009 .
    this is what happened
    First he started confiming he was talking to the right person
    And told My g-28 hasn't been properly signed and completed.
    Caller didn't ask me for my personal i nformation
    he confirmed my name, dob ,my last entry . address, wifes name address dob
    my parents name , my in laws name. He even told g28 it was signed by my HR manager.
    He had all the information, he didn't ask for any personal information.
    He asked if there was any other names used.
    He joked about me not smiling on the picture, he confirmed when the finger prints were completed
    After about 10 minutes of conversation he congratualed me on the approval and my wifes approval said the card should be mailed from kentucky with a week and even mentioned that USCIS online system isn't working.

    I am taking infopass tommorrow and confirming and if true I am going have it stamped

    I hope this is all true.





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  • mariner5555
    04-15 03:37 AM
    We are looking to buy a house and the bank is asking us to put down 10%. How much money is considered safe to have after down-payment if we are buying a home. I know it depends on the situation, but I would like some estimates/ball-park figures.
    if on EAD / H1 - have atleast 12 months living expenses (food, mortgage, utilities taxes etc ..for worst case scenario - maybe even more -- since you won't be able to sell the house easily if you have to move for a new job) ..if on GC, I guess 6 months. depends on yr area, skills etc ..my guess only.
    here is the latest from Wachovia ..(I know it is a repeat ..but to answer the original thread question for others who may want opinions) ..These economists are generally optimistic even when the situation is bad (since it hurts their own stock prices) ..the fact that they are pessimistic shows the real situation. In other words (my thoughts) - if your 485 is pending, then there is no hurry to buy a house ..deals will get better in the next 18 months. (after that house prices will be stagnant for a longer time -- this is for most locations or around 95% of US cities/towns)
    ------------
    Don Truslow, chief risk officer of banking giant Wachovia (WB, Fortune 500), said home prices should fall through 2008 before finally hitting bottom in the middle of 2009. (Wachovia, the No. 4 U.S. bank by assets, reported an unexpected loss Monday.)

    Sinai argues that until housing prices turn around, there isn't much hope for a pick-up in the economy because housing woes will continue be a drag on consumer spending and the credit markets.
    "So much borrowing and lending was leveraged to [housing], that as long as values keep going down, the exposure of consumers, of financial institutions and of investors remains extremely high," he said.
    -----------
    if you are technical person ..read this article ..not sure how he (Mr. Makin is a visiting scholar at the American Enterprise Institute.)comes up with 23% figure ..but I guess he must have done research.
    http://online.wsj.com/article/SB120813349057411671.html?mod=opinion_main_comment aries

    -------
    As average house prices plummet – declining at a 23% annual rate over the three months ending in January – lenders are sharply curtailing access to mortgage-based, home-equity loans. The 15% of U.S. mortgage holders with negative equity in their homes have no access to credit, and 20% with marginal equity have limited access at best.Overall access to credit is contracting: Ask Americans trying to utilize home-equity lines or arrange student loans.
    ---------



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  • pani_6
    07-12 11:29 PM
    EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

    Moderator could you makes this Sticky please

    Could somebody also post the adderess of USCIS please..





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  • alisa
    12-30 01:48 AM
    I think I agree with quite a lot of what you say. But I think there is some truth in Pakistani fears that India is already supporting anti-state actors in Pakistan, like in Balochistan.


    India is not yet spending its resources, and we all want India to spend substantial budget, say over $50 billion an year, to destabilize & disintegrate Pakistan.


    I don't think we all want that.
    I don't think even all Indians want that.
    I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.



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  • satishku_2000
    05-16 05:00 PM
    A lot of people don't seem to grasp the fact that what they are doing IS ILLEGAL. Body shopping and everything that goes along with it is against the law in this country, and it is also violating the conditions of the H-1B application. It may be acceptable to you in your mind to do it but the bottom line is -- it's illegal. I am surprised you are crying about illegalities being stopped in this country. There is really not much to debate -- of course it is not an acceptable business model WHEN IT IS ILLEGAL. You can stock up for a business opening on a number of goods -- computers, printers, software etc. BUT NOT SOMETHING THAT IS AGAINST THE LAW. Glad to see congress agreeing with that.


    Do you stand with Sen. Durbin on amnesty/legalization for illegal/undocumented people while creating problems for tax paying and law abiding consultants? This will be height of hypocrosy...





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  • pappu
    12-26 05:44 PM
    CNBC. They are also airing a programme on immigration at 8pm eastern.

    Its about Illegal immigration only

    8:00pm - 9:00pm, NBC (23)
    Tom Brokaw Reports
    The journalist travels to the Colorado Rockies to reveal the real story of illegal immigration; Rep. Tom Tancredo (R-Colo.) discusses his opposition t…





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  • Rolling_Flood
    08-05 07:28 AM
    red, green, blue, pink............whatever the color may be!!

    I just need to hear honest replies from EB2 filers. If you are afraid to speak up, please send me a message and we can work this behind the scenes.

    Thanks again.





    CreatedToday
    01-06 05:39 PM
    Oh! you were so saddened and shocked about the killings happening far way!
    And you condemned the killings of innocent people in Mumbai by Pak terrorists (Though I checked and didn�t see any post from you in that thread)

    Where you shocked when religious fanatics attacked and killed poor tribals in Orissa? The government itself accepted that 50,000 people fled the villages to forest? Even nuns were raped. These are not reported by CNN/Fox, but by all mainstream news media in India.

    OR you get shock only when people of your faith are involved, ONLY when they get killed (and NOT when they go on a killing spree)?

    Tomplate,
    I am not angry or anything. I am just sitting quitely, surfing net and enjoying my evening coffee.

    But i was so shocked when i read about school bombing and innocent school kids being murdered within seconds.

    If you have kids then you will realize how hard it is to loose kids. Kids are innocent and wonderful thing, but these murderers are not sparing even kids.

    So called peace loving nations and so called peace loving leaders and sitting and watching this massacre quitely. Thats what hurts me most.





    unitednations
    08-02 10:47 PM
    Thanks for your valuable suggestions UN.

    So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?

    Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?

    Thanks again. I really appreciate your help.


    Keep in mind that not many people post all of these issues. People keep these types of rfe's, denials closely guarded. When I used to have my contact info. on the boards; people would call me and discuss with me and I would remember a similar posting. The posting would have been that persons but what they posted had only 10% of the story of what it really was. Point is that people need to educate themselves on these scenarios. At the same time; uscis usually just goes and approves the case by glossing over it and missing it. However, when you get an adjudicator who wants to make a mark for him/herself they may go after these gray areas. I was pretty ignorant about it until my case went for a loop and then I got obsessed with learning these issues.

    From a common sense point of view; future base employment or if you leave an employer before 485 is pending for less then 180 days and say you had intent to work with them until 485 was pending for 180 days is pretty much not genuine. However; it is in the law. If uscis sees that you were working with a company and left early and said you were going to return or had intent up until 180 days was over to join them; then they can start going after the intent issue. That is; if you went to self employed, totally different field; made substantially more money and said that you still had intent up until 180 days to join upon greencard approval; then you have to be really careful about it.

    Confusion within the law is that ac21 says you can "switch" employers after 180 days. The word "switch" implies that you were in that employment for 180 days and then you changed.

    However; uscis clarified in all of the memos that since greencard is future base; there is no standard to even work with the employer until greencard is approved. Since there is no standard to work with them prior to approval then a person could use ac21 to change "intention" after 180 days. However; they always talk about "intent", "bona fide", etc. These words have so much wiggle room for uscis to abuse their powers or make things difficult for you.

    If you wanted to be on the safe side, just in case uscis asked then you should get an updated offer letter at the 180 day mark that the job is still open once you get the greencard approved.



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