2 Temmuz 2011 Cumartesi

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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.




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  • srkamath
    07-13 06:28 PM
    I don't think the issue is that simple. .........Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.

    ABSURD !




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  • GCScrewed
    07-13 09:30 AM
    No matter what discouragement there is, it is definitely worth the try. With the trying, you may not get relieved. But without the trying, you will definitely not. People should also add their own arguments in the letter too. All the comments on how to make this letter better should be welcome. Now it is time to see if this community is really sticking together and if those who benefit will help those suffering.




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  • gc28262
    03-24 03:03 PM
    Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    All your assumptions about H1B is only for full time jobs is flawed. USCIS has not said that. There is no law that says that.

    BTW why do you think LCA requirements are meant only for consulting companies ? It is applicable to all H1B candidates. That has been the law for a long time. Nothing new here for you to be happy about.

    Your posts are driven by your ignorance than any legal base. You need to educate yourself in immigration perspective.

    Why USCIS audits are focused on consulting companies ?
    It is not because consulting is not allowed on H1B. It is because they figured out that H1B violation are more prominent among small companies.



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  • USDream2Dust
    06-06 11:09 PM
    When it comes to house or condo or town house, it is always location location and location. If you think buying a house or condo just to put on rent is foolishness and not calculated risk, I cannot argue with you to fill up pages on forum and again I don't want to give you a lesson there. Like other things in life, you have discover your own way to make money may be in renting or may be owning a store or just doing your job.


    Any way, coming back to first time home buyers, it is once in lifetime opportunity to get houses in high demand areas, and if people have good solid job (or multiple income sources with working spouse) and credit, with plans to live there for atleast 3-5 years, I don't think there should be any reason not to buy it.

    There has always been more land and if there wasn't more land in US, it may start occupying ocean to build houses. So I don't think there was ever in history a question whether people would occupy every inch of land. But still there was a boom and people were buying 4-5 houses when they can only afford one. Everybody knows what happened after that. But yes in Good location, there is always shortage and there is shortage right now too. Now good location is a subjectable term. You can go 40 miles off any major city and live in woods and consider it as a good location. So we have to be careful there. But yes prices are low compared to boom time and interest rates have been historically low. If the above two are not good point to take risk, then you are not in right business of taking risk.

    Hey nobody can predict tomorrow. You can get hit by a bus and then who cares about money and house :).

    Life life king size :) may be after 10 years your GC is denied, but then for 10 years you lived in half million dollar house and enjoyed every second of it, rather than living in one bedroom apt.

    Chill out and have a good night




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  • Refugee_New
    01-07 10:06 AM
    Israel is fully justified in responding to the rocket attacks from Gaza. How long can they show restraint by not responding to the unprovoked attacks. Do you think US will remain silent, if Canada were to lob rockets into US. Asbolutely not. Every country has the right to protect itself.
    Hamas is such a coward orgn that they hide behind school, mosque, hospitals to shoot their rockets, so they really are luring israel to bomb those areas. Unfortunately innocents die...the blame should be on hamas. In fact, before bombing Israel even goes to the extent of calling and texting people in the target area to warn them before bombing. which country at war you know does that. Inspite of all these the biased media portrays Israel as the evil one. time to think. if only india shows some courage like that.

    Oh really? Thats how they bombed the school and killed more than 40 kids?

    When terrorists attacked Mumbai, Indian commandos took 3 days to rescue hostages and kill terrorits.
    When terrorists entered school in Baslan, Russia, Russian commandos took their time to respond in order to minimize the casualty and rescued most of the children and killed all those terrorist.

    Do you think same thing happend in Palestinian school? There are certain rules that has to be followed during war. Rules of engagement. Not to kill innocent civilian, not to kill kids, not to bomb place of worship, hospitals etc. Do you think these are followed anywhere in anywhere while killing muslims?

    If Israel want to kill terrorist, they have every right to kill those terrorist who kill Isrealis. Instead they are bombing kids. Which is not acceptable by any people or any nation.



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  • lfwf
    08-05 07:12 PM
    Good points below.

    Now, FreshEb2, through the handle itself, comes across as a stoker not a sensible person.

    EB2 and EB3 are two very different EMPLOYMENT BASED legal immigration categories. Filing in one category DOES NOT PRECLUDE one from filing in another category, for another *future* job, as long the *future* jobs themselves meet the criteria to qualify for that EB category.

    Coming to tihnk of, the coward parading as RollingFlood has not posted his/her company, EB job posting, and other pieces of information that I had challenged him/her to post. Seriously you coward, come out and post it... this community can help validate whether there really is no US worker to take that position. Now, dont chicken out and fillibuster this with more weak arguments. Post your glorified EB2 job posting for all of us to see ... and let us see if you have illegally gotten ahead in the line ahead of all those hardworking US citizens that have been laid off in the last 2 quarters across all major sectors. C'mon, do it ... do it...

    Also, somewhere you had said that you were an MBA from a top US university. Welcome to the club. Though, I am sad to share the boat with you! Now, look back at the essay you wrote to get into B-School. Are you doing exactly what you claimed you would do after the MBA? Shall we take that up and go back to the school to have them rescind your diploma because you misused the system? One can say you got into an MBA on a fundamentally false premise. So, give back that diploma.

    Also, did you come into the country on a F1 visa? What did you tell the visa officer? That you were going back to your home country, right? Didnt you need to show proof of ties to your home country. Can we take you to court stating that you committed a felony by lying to a Government official regarding matters of homeland security? Seriously. Why not?

    No amount trying to sub-optimize logic to fit your specific narrow needs will make your holier-than-thou arguments even remotely credible, let alone valid in a court of law. What is clear from this 10 page thread, is that we have a few folks like FreshEB2, RollingFlood etc that present themselves as 'high skilled' workers in the US immigration system but clearly lack the basic level of logic to have a factual conversation. Their ladders of inferences are stark and substantive.

    By sub-optimally picking 'argument points' based the 'weakest links' that you invent and trying to super-size that to reflect a larger interest is very weak attempt to preserve your position.

    Go ahead, file a lawsuit. Tell us which case will be hearing it and give us the case number. I WILL PERSONALLY MAKE SURE THAT THE JUDGE ASKS FOR YOUR IMMIGRATION FILE AND CONDUCT A PRIMA FACIE INQUIRY INTO THE BASIS OF YOUR PRIMARY PETITION, INCLUDING ALL ASPECTS LIKE ADVERTISEMENT, NUMBER OF RESUMES RECEIVED, etc.. I WILL FILE A PETITION WITH THE JUDGE TO HAVE ANOTHER ADVERTISEMENT POSTED, THIS TIME, WITH RESPONSES TO BE EXAMINED BY THE JUDGE and NOT YOUR FAVORITE IMMIGRATION ATTORNEY. SERIOUSLY. BRING IT ON. WE SHOULD RESPOND TO YOU IN COURT. WHETHER CIVIL OR IMMIGRATION.

    You had also mentioned that you would be filing a 'public interest litigation'. That is a very Indian concept. PIL type cases work differently in the US. You dont just run to your local court and claim 'PIL' because you felt wronged. Any court in the US would deem your case as narrowly defined to challenge legislation and throw you out because judiciary cannot legislate.

    Obviously, you grossly underestimated the intellect of this group and thought your big words and b-board bravado would scare people. :D



    OP is long gone. Your post is full of big brave words and no substance. If you want to have a discussion and demonstrate your "intellect", please make some rational arguments and back them up. There is no lawsuit discussion here, just a debate on the merits of BS+5 PD porting




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  • puddonhead
    06-05 04:42 PM
    >> 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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  • willwin
    07-13 04:01 PM
    At the outset, I am not against EB3, but lets think about this for a moment. Any logic that we use to break up spillover between EB2 and EB3 can also easily be applied to EB1 and EB2. I'll repeat an earlier post of mine. "How can EB1 of 2008 get the GC immediately when EB2-I (in my case) has to wait for more than 4 years - clearly preference is at play here".

    Any spilt will artificially retrogress EB2 more than what it otherwise would have. Similarly one can always argue to artificially retrogress EB1 to give more visas to EB2 just because someone from EB2 is waiting for 4 years.
    Isnt that against the law. Any break up of spill over visas invalidates the category preference as per current law.

    Please also note that any unfavorable change to the EB1 category based on a hypothetical approval of an EB2/EB3 break up will invite the attention of Fortune 500 companies and prestigious research/educational institutions (who use EB1 the most) with all their political and financial resources at their disposal. That could put a halt to everything.

    Irrational passion calls for dispassionate rationality.

    Delax, EB1 with PD 2008 is getting their GC within months not because they utilize an 100% spill over from 'somewhere'. It is just because they do not have enough applicants in the queue and hence no retrogression.

    Honestly, 'i don't think' the 'advantage' that EB3 and EB2 have - using spillover from other categories. Correct me if I was wrong.




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  • smisachu
    07-14 11:04 PM
    We need to concentrate our efforts in achieving relief for everyone in the EB community whether they are EB1/2/3 India/China or ROW. This infighting or dispersed efforts will not yield any results.

    We should all strive for the passage of the 3 Lofgren Bills. Please contact your state chapter and help IV channel our efforts where it could be effective.

    One observation: I am seeing a lot of individual efforts by many folks. I did not see their participation when we were trying for passage of the 3 bills through letter campaigns and phone campaigns.
    Well at least you have woken up now...I will not complain.

    Let us focus our efforts and get permanent fix instead of some temporary move by a screwed up system which at the end of each FY bumps up numbers in a one upmanship between DOS and USCIS. We all are caught in the middle and suffer.

    My request to all the people re energized, we could really use your help in working on the lobbying efforts. Please contact your state lead as the issue cannot be posted on open IV forms.



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  • mariner5555
    04-22 03:52 PM
    this is from schiller ..an economist ..I am sure he knows more about housing than others ..I guess this is a worse case scenario (if not the worst).

    http://biz.yahoo.com/ap/080422/economy_shiller.html?.v=2
    ----
    Economist cautions housing slump could exceed drop of the Great Depression, require bailouts

    NEW HAVEN, Conn. (AP) -- An influential economist who long predicted the housing market bubble cautioned Tuesday that the slump in the U.S. housing market could cause prices to fall more than they did in the Great Depression and bailouts will be needed so millions don't lose their homes.

    Yale University economist Robert Shiller, pioneer of the widely watched Standard & Poor's/Case-Shiller home price index, said there's a good chance housing prices will fall further than the 30 percent drop in the historic depression of the 1930s. Home prices nationwide already have dropped 15 percent since their peak in 2006, he said.

    "I think there is a scenario that they could be down substantially more," Shiller said during a speech at the New Haven Lawn Club.

    Shiller's Standard & Poor's/Case-Shiller home price index is considered a strong measure of home prices because it examines price changes of the same property over time, instead of calculating a median price of homes sold during the month.

    Shiller, who admitted he has a reputation for being bearish, said real estate cycles typically take years to correct.

    Home prices rose about 85 percent from 1997 to 2006 adjusted for inflation, the biggest national housing boom in U.S. history, Shiller said.

    "Basically we're in uncharted territory," Shiller said. "It seems we have developed a speculative culture about housing that never existed on a national basis before."

    Many people became convinced that housing prices would increase 10 percent annually, a notion Shiller called crazy.




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  • xyzgc
    12-27 12:04 AM
    Pakistan's nukes' user manuals are in Chinese language. How will they know how to fire them?

    They will figure it out. You too, Beemar, well-said.



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  • ghost
    07-17 11:00 AM
    Randall,

    We, members of IV who are on H-1B visas, can bring our spouses and children with full rights to travel. Family members are NOT counted in the quota for H-1B. Spouses cannot work as their status is dependent (H-4).

    Our agenda is to resolve the Green Card Queue. People are waiting in the queue since 2001. The current status of queue can be found at: http://travel.state.gov/visa/frvi/bulletin/bulletin_2943.html (Look under the employment based numbers)

    We do not mind waiting in the queue until we get the Green Card. The problem is that the Green Card process is currently Employer-Centric. In the sense, once the GC process is initiated (Let's say Microsoft), the employee has to stick with Microsoft until the Green Card is approved.

    Even worse, we cannot get an official promotion during the wait as this will result in starting the GC process from scratch and inadvertantly sends their application to the end of the queue. Imagine Skilled Labor (people with BS, MS and PhD degrees in Science and Math) who are waiting in the queue for more than 5 years with out an official promotion and at employer's mercy.

    The employer precisely knows that the employee is stuck with their firm until they get their GC and they can conveniently ignore our professional growth (pay raise, promotion, etc). Make no mistake:rolleyes: , on the record they always sympathize our plight but they will not do anything about it. They always want more H-1B numbers but not GC numbers. Talk about employer exploitation.

    IV wants to make the GC process employee-centric so that the employers do not exploit the skilled labor.

    The problem of mis-match between H-1B numbers and GC numbers is created because of the disconnect between two programs. H-1B numbers do not have country limits where as GC numbers have a country limit.

    For example, let's assume that out of the current 65000 H-1B visas, 25000 are from India and 25000 are from China (First come first served basis) and the remaining 15000 are from the Rest of the World. However, the GC numbers have a country limit: 10000 for India, 10000 for China, etc. This results in a queue that will only increase with more H-1B numbers and a disconnected GC program.

    IV members are not against H-1B program (we are here on this program) but at the same time the H-1B increase is not our agenda (we leave it to the exploitant employers who lobby for it). We want to make the GC process employee-centric so as to stop the employer-exploitation and not hinder our professional growth.

    I am not aware of AFL-CIO/Programmers Guild agenda but my understanding was that they want to completely shut-down the H-1B program instead of reforming it. The bottom line is there aren't enough American Citizens who have advanced science and math degrees. So, we need a H-1B program. How to make this program more effective and less exploitative is debatable.





    This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.

    My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.

    Please correct if I'm wrong. I really would like to get this right.

    Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.




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  • dohko
    04-09 01:46 PM
    You're right excellent idea. 50% won't really affect Microsoft, Oracle, IBM
    because they actually hire Americans.


    Chill out pal, don't exaggerate how much people value academic degrees in real business world. Holding a Ms or PhD degree alone doesn't necessarily mean you're an asset to this country, nor to a particular employer. I have Ms degree from US institution and I don't think it matters much to my employer, everything is based on performance.

    I agree that H1-B visa should be granted to people who fill a real business need, not those who are unfortunately treated as unlimited supply for body-shoppers making their fortune selling hours of H1-Bs. In this perspective, the idea of restricting companies with 50+% H1-Bs is brilliant. I wouldn't worry about management consulting firms like BCG or McKinsey, I bet they don't have half of their consultants under H1-b. :-)



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  • jkays94
    05-24 01:48 PM
    http://www.observer.com/20060529/20060529_Jason_Horowitz_pageone_newsstory1.asp

    He cautioned against ghettoizing immigrants, which he noted has brought about disastrous results in France, and criticized elements in his own party as �nativist� before lambasting the punditry of Rush Limbaugh, Lou Dobbs and Michael Savage for helping to �fuel the problem,� according to two of the sources.




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  • maddipati1
    03-23 03:08 PM
    Did you send Seinfeld a royalty? :D
    -a

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  • manub
    07-07 10:19 PM
    This is what I found in my research so far.
    "Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."

    Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
    but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.




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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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  • Beta_mle
    04-05 05:09 PM
    I think one needs to consider both cash flow and quality of life. Apartment living with kids is not very pleasant, a house with a yard is really the optimal scenario. Mortgage payments may be comparable with rent, depending on your location, but utility bills are greater in a house. Then there are tax issues, whereby you can deduct the interest paid, and you are also building equity.

    It's very complex, and our immigration status is just one more complication. However, like the Bible says, "he that regardeth the wind shall not sow". I think if you are at that time of life and you are planning to settle in the USA just go ahead and do it. I did it in my second year of H1B and it is now 5 yrs later. I am now in 485 stage and in the meantime I have built some equity and have no regrets.

    Good luck to you!




    unitednations
    03-26 06:11 PM
    Oops, I just saw UN's reply. His answer is more specific than mine, and mine is based on anecdotal evidence so please go with what he says since his is based on personal experience.

    UN, Thank you for following up on my question on the Baltimore case.

    here is the link.

    Becausing of uploading issue: follow this link.

    http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp

    from there click on a-1 certification; decisions issued in 2004; click on second decision from the top. If someone can download the pdf and attach then we can discuss.




    stuckinretro
    08-05 09:41 AM
    Not just EB3 to EB2 port but EB2 to EB2 as well. Consider you lose your present job and lose your entire GC process. When you find a new job(if any), you would want to port your old PD at your new employer when they file your fresh 140.

    So no one is immune, if you think you are, you are ignorant and do not know how complex a case can become.

    There are very few benefits that CIS provides for people who lose jobs and PD portability is one of them. enlighten yourself!

    The problem was Labor substitution, which was a nightmare for many of us here, and lot of people are still stuck because of it. DOL eliminated substitution 1 year ago and people whose 140's were filed then are still stuck in that backlog because of LC sub cases files on jul'16th. If you want to do anything do something on that end to ease the 140 backlogs.


    No i am not comparing this to labor substitution. Also, i do not think what you said is true for ALL the people trying to port to EB2 by some means.

    I intend to fight this legally and everyone else also has the same option of challenging my stand in court if they think i am wrong.

    I am just here to gauge support (not monetary support) for the lawsuit, and to see if there are some angles which i am missing that may aid me.



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