gapala
12-25 12:04 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.
Friend,
Even today, IV is an organization representing the skilled workers from all parts of the world and will remain so in future. Just because of this one thread, and your disagreement, if you start looking at the entire organization in a narrow way is not just. You also fail to notice that the terrorism is a global threat and it affects us and our families in different parts of the world. For years, people ignored this threat as it was not expressed openly in the civic societies around the world. Now, you can see people intimidate law enforcement, justice system and even constitutions of civic society. It has become open and exposed now. Did you see that some folks are hailing idiots who does cultureless acts as heros...
You can choose to ignore this threat but I believe its worth a deliberation to be aware of the dangerous world that we live in. Note that except few baseless arguments on this thread, lot of the posts in this thread are very informative and based on the investigative reports. Lot of them are opinions of the individuals and they are worth too. If you are afraid that this will offend some one, Yes, this may / may not offend terrorists and their supporters. This sure should not offend the educated and skilled members of this organization.
I would not blame the entire organization for just this thread as terrorism, violence and hostility, if escalated is threat to entire humanity be it in the name of religion or their perverted belief.
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.
Friend,
Even today, IV is an organization representing the skilled workers from all parts of the world and will remain so in future. Just because of this one thread, and your disagreement, if you start looking at the entire organization in a narrow way is not just. You also fail to notice that the terrorism is a global threat and it affects us and our families in different parts of the world. For years, people ignored this threat as it was not expressed openly in the civic societies around the world. Now, you can see people intimidate law enforcement, justice system and even constitutions of civic society. It has become open and exposed now. Did you see that some folks are hailing idiots who does cultureless acts as heros...
You can choose to ignore this threat but I believe its worth a deliberation to be aware of the dangerous world that we live in. Note that except few baseless arguments on this thread, lot of the posts in this thread are very informative and based on the investigative reports. Lot of them are opinions of the individuals and they are worth too. If you are afraid that this will offend some one, Yes, this may / may not offend terrorists and their supporters. This sure should not offend the educated and skilled members of this organization.
I would not blame the entire organization for just this thread as terrorism, violence and hostility, if escalated is threat to entire humanity be it in the name of religion or their perverted belief.
wallpaper Free Stock Photo of Morning
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.
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.
riva2005
04-06 08:31 PM
What's going on here is that approx there are 500,000 people on H1B visas in this country.
If Anti-H1 crowd propose a bill to throw all of them out, people will laugh at them and ask them to get lost.
So what the anti-H1 crowd has done here is "Slow bleed" as described by admin. Get rid of 8000-10,000 H1Bs out of the country each month. That way, the impact will slow and it wont send any shockwaves. IF existing H1s go to renew their H1 and the new rules apply, half of them wont fit in the new rules of "You cannot do consulting". So they will have to go back.
These guys are trying to do what UK did to Indian and Chinese doctors. They want all of us to go back. Only difference between what UK did to doctors and what these guys want to do to us is that these guys are smarter and they are trying to get this done in slow motion. IF they take Tancredo like approach of "Everyone out, and shut the door", then it wont work.
They have learned from Tancredo's mistake and now have adoped this slow bleed strategy of getting rid of their competition.
Basically, they want the 1990s back. They want to roam in job market with foriegn competition, where even high-school drop-outs can get jobs of $100,000 a year by writing 20 lines of code per week.
Man up you xenophobes. Face the competition and stop being whiny boys running to Grassley and Sessions every time you lose jobs. Get a job and get a life. Unemployment rate is 4.4 %. If you cant find jobs right now, dont blame H1B employees. Something is wrong with you.
If Anti-H1 crowd propose a bill to throw all of them out, people will laugh at them and ask them to get lost.
So what the anti-H1 crowd has done here is "Slow bleed" as described by admin. Get rid of 8000-10,000 H1Bs out of the country each month. That way, the impact will slow and it wont send any shockwaves. IF existing H1s go to renew their H1 and the new rules apply, half of them wont fit in the new rules of "You cannot do consulting". So they will have to go back.
These guys are trying to do what UK did to Indian and Chinese doctors. They want all of us to go back. Only difference between what UK did to doctors and what these guys want to do to us is that these guys are smarter and they are trying to get this done in slow motion. IF they take Tancredo like approach of "Everyone out, and shut the door", then it wont work.
They have learned from Tancredo's mistake and now have adoped this slow bleed strategy of getting rid of their competition.
Basically, they want the 1990s back. They want to roam in job market with foriegn competition, where even high-school drop-outs can get jobs of $100,000 a year by writing 20 lines of code per week.
Man up you xenophobes. Face the competition and stop being whiny boys running to Grassley and Sessions every time you lose jobs. Get a job and get a life. Unemployment rate is 4.4 %. If you cant find jobs right now, dont blame H1B employees. Something is wrong with you.
2011 Free Christmas Stock Photos
surabhi
03-25 10:57 AM
That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
more...
gcisadawg
12-22 02:37 AM
If that's what your experience has been, its good news.
Overall, my experience has been completely opposite but if most Pakistanis are anti-terrorism as you say, half the battle is already won. I am also beginning to a get a sense that this has embarrased lot of muslims....and its set them thinking.
However, how do you propose we bring the terrorists to book? Attack Pakistan? Bomb the terrorist camps out? Wait for another attack to happen, wait for your own family in Mumbai to be wiped out? And exchange hateful words on IV? Release the terrorists in exchange for political hostages or fedd them dal, chapatis in Indian prisons?
Justice doesn't come magically or does it?
Well, one thing I can think of is how we treat the dead terrorists. In case of Parliament, Ashkardam and Mumbai attack, security forces killed the terrorists while they were killing innocents. As usual, Pakistan disowned them.
Publicise very very heavily and spread the word that these dead bodies would be given non-islamic burial. Hit where it hurts them...After giving non-islamic rites, spread the word that next terrorist that gets killed would get more drastic treatment.
BUT ensure that this treatment would be only for the foreign terrorists who are killed by security forces while doing their act and that are disowned by their country. It can be easily misused also. This should ONLY be done if nobody claims ownership of the body.
The story we hear about Kasab is that he was a looser and a petty criminal who was brainwashed. If he and his ilks are willing to get brainwashed religiously then they can not discount the effect of propaganda about non-islamic rites for their dead body and possibly it might deter them from taking that ultimate step.
Take a survey among the Muslims in Bombay to see if they support giving non-islamic rites for the 'orphaned' dead terrorists. I'm sure most of the sensible Muslims are outraged and they would agree to it especially after seeing what they saw on the TV. Before the killer's gun, there is no religion but only the intention to kill.
Overall, my experience has been completely opposite but if most Pakistanis are anti-terrorism as you say, half the battle is already won. I am also beginning to a get a sense that this has embarrased lot of muslims....and its set them thinking.
However, how do you propose we bring the terrorists to book? Attack Pakistan? Bomb the terrorist camps out? Wait for another attack to happen, wait for your own family in Mumbai to be wiped out? And exchange hateful words on IV? Release the terrorists in exchange for political hostages or fedd them dal, chapatis in Indian prisons?
Justice doesn't come magically or does it?
Well, one thing I can think of is how we treat the dead terrorists. In case of Parliament, Ashkardam and Mumbai attack, security forces killed the terrorists while they were killing innocents. As usual, Pakistan disowned them.
Publicise very very heavily and spread the word that these dead bodies would be given non-islamic burial. Hit where it hurts them...After giving non-islamic rites, spread the word that next terrorist that gets killed would get more drastic treatment.
BUT ensure that this treatment would be only for the foreign terrorists who are killed by security forces while doing their act and that are disowned by their country. It can be easily misused also. This should ONLY be done if nobody claims ownership of the body.
The story we hear about Kasab is that he was a looser and a petty criminal who was brainwashed. If he and his ilks are willing to get brainwashed religiously then they can not discount the effect of propaganda about non-islamic rites for their dead body and possibly it might deter them from taking that ultimate step.
Take a survey among the Muslims in Bombay to see if they support giving non-islamic rites for the 'orphaned' dead terrorists. I'm sure most of the sensible Muslims are outraged and they would agree to it especially after seeing what they saw on the TV. Before the killer's gun, there is no religion but only the intention to kill.
trictrac
08-02 12:49 PM
My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?
more...
unitednations
07-08 06:10 PM
Thanks!
The outstanding questions, i guess, are:
They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?
---------------------this is an age old problem for uscis. If when a case is filed and they allocate a visa to it; then there would be a massive amount of visas that would go unused. A 2006 visa number cannot spill over to 2007 because the carryover effect is not available. If a person is stuck in name check, didn't get fingerprints; case got denied and is in appeal then that visa would be lost forever if it didn't get approved by the end of the fiscal year; and someone else wouldn't be able to file. You would only have forward movement of visa dates until beginning of next fiscal year when they release visas and then they could move them back to let other people file who just got their labors approved or follow to join, etc.
---------------------the current administration is fond of re-defining many things in law; they have re-defined torture; geneva conventions; bill of rights; even though those laws have not changed.
----------------------now they are re-defining the visa bulletin. Look back at June 2005; when eb3 visas went unavailable for july; they still allowed people to file until end of june. When October 2005 visa bulletin came out and eb2 india went back to 1998 they had used up all the visas by september but still allowed filing. When eb2 india went unavailable in August 2006 they still allowed people to file in July 2006.
----------------------therefore, the law hasn't changed but they have re-defined it. I haven't met anyone yet who actually had their case approved on the week-end. Just knowing systems the way I know them; they probably aren't allowed to do transactions on week-ends or holidays. Therefore, whatever happens on the week-end could have happened on the friday or the following monday. It will be interesting to see how many people actually get their greencard and it says "permanent reident since.... June 29, 30 or July 1".
----------------------the stakes were big enough for uscis that they were willing to re-define how they look at things. Hundreds of millions or billions of dollars would have been a big enough stake for uscis/dos to re-define the relevant laws/regulations and long standing process. Interesting thing is how would things have changed if the actual fee strcture went into affect on July 2. Maybe uscis wouldn't have been so overzealous in approving cases at lightning speeds.
One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....
the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?
i would be surprised if they went over the country cap- they have treated that as religion of late.
===============they definitely went over the country cap. EB1 ROW and EB2 row have never been retrogressed and eb3 row was retrogressed in June itself.
the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?
===============I was surpirsed myself in the perm labor filings. There is actually a very high number of cases filed by ROW people. ROW people will always get preference. 2007 ROW priority date in eb3 would get preference over the 2,802 person from india even if that person's date is 2003.
see answers within text.
The outstanding questions, i guess, are:
They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?
---------------------this is an age old problem for uscis. If when a case is filed and they allocate a visa to it; then there would be a massive amount of visas that would go unused. A 2006 visa number cannot spill over to 2007 because the carryover effect is not available. If a person is stuck in name check, didn't get fingerprints; case got denied and is in appeal then that visa would be lost forever if it didn't get approved by the end of the fiscal year; and someone else wouldn't be able to file. You would only have forward movement of visa dates until beginning of next fiscal year when they release visas and then they could move them back to let other people file who just got their labors approved or follow to join, etc.
---------------------the current administration is fond of re-defining many things in law; they have re-defined torture; geneva conventions; bill of rights; even though those laws have not changed.
----------------------now they are re-defining the visa bulletin. Look back at June 2005; when eb3 visas went unavailable for july; they still allowed people to file until end of june. When October 2005 visa bulletin came out and eb2 india went back to 1998 they had used up all the visas by september but still allowed filing. When eb2 india went unavailable in August 2006 they still allowed people to file in July 2006.
----------------------therefore, the law hasn't changed but they have re-defined it. I haven't met anyone yet who actually had their case approved on the week-end. Just knowing systems the way I know them; they probably aren't allowed to do transactions on week-ends or holidays. Therefore, whatever happens on the week-end could have happened on the friday or the following monday. It will be interesting to see how many people actually get their greencard and it says "permanent reident since.... June 29, 30 or July 1".
----------------------the stakes were big enough for uscis that they were willing to re-define how they look at things. Hundreds of millions or billions of dollars would have been a big enough stake for uscis/dos to re-define the relevant laws/regulations and long standing process. Interesting thing is how would things have changed if the actual fee strcture went into affect on July 2. Maybe uscis wouldn't have been so overzealous in approving cases at lightning speeds.
One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....
the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?
i would be surprised if they went over the country cap- they have treated that as religion of late.
===============they definitely went over the country cap. EB1 ROW and EB2 row have never been retrogressed and eb3 row was retrogressed in June itself.
the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?
===============I was surpirsed myself in the perm labor filings. There is actually a very high number of cases filed by ROW people. ROW people will always get preference. 2007 ROW priority date in eb3 would get preference over the 2,802 person from india even if that person's date is 2003.
see answers within text.
2010 stock vector : Free Price Tag,
ampudhukode
08-08 09:06 PM
Dear Staff,
Due to the current financial situation Management has
decided to implement a scheme to put workers of 40
years of age on early retirement. This scheme will be
known as RAPE (Retire Aged People Early).
Persons selected to be RAPED can apply to management
to be eligible for the SHAFT scheme (Special Help
After Forced Termination) . Persons who have been
RAPED and SHAFTED will be reviewed under the SCREW
scheme (Scheme Covering Retired Early Workers).
Person may be RAPED once, SHAFTED twice and SCREWED as
many times as Management deems appropriate.
Persons who have been RAPED can only get AIDS
(Additional Income for Dependants or Spouse) or HERPES
(Half Earnings for Retired Personnel Early
Severance).
Obviously persons who have AIDS or HERPES will not be
SHAFTED or SCREWED any further by management. Persons
staying on will receive as much SHIT (Special High
Intensity Training) as possible. Management has
always prided itself on the amount of SHIT it gives
employees. Should you feel that you do not receive
enough SHIT, please bring to the attention of your
Supervisor. They have been trained to give you all
the SHIT you can handle.
Sincerely,
The Management
Due to the current financial situation Management has
decided to implement a scheme to put workers of 40
years of age on early retirement. This scheme will be
known as RAPE (Retire Aged People Early).
Persons selected to be RAPED can apply to management
to be eligible for the SHAFT scheme (Special Help
After Forced Termination) . Persons who have been
RAPED and SHAFTED will be reviewed under the SCREW
scheme (Scheme Covering Retired Early Workers).
Person may be RAPED once, SHAFTED twice and SCREWED as
many times as Management deems appropriate.
Persons who have been RAPED can only get AIDS
(Additional Income for Dependants or Spouse) or HERPES
(Half Earnings for Retired Personnel Early
Severance).
Obviously persons who have AIDS or HERPES will not be
SHAFTED or SCREWED any further by management. Persons
staying on will receive as much SHIT (Special High
Intensity Training) as possible. Management has
always prided itself on the amount of SHIT it gives
employees. Should you feel that you do not receive
enough SHIT, please bring to the attention of your
Supervisor. They have been trained to give you all
the SHIT you can handle.
Sincerely,
The Management
more...
unitednations
08-02 12:29 PM
245(i)/245(K) covers only upto 180 days(6 months) of out of status , the possible OOS issues are
1.Overstay of I-94 card's date
2.Unauthorized employment
3.Staying without payslips (with some exceptions like Maternity,paternity,sick)
http://www.murthy.com/adjsta.html click here for more info.
USCIS will issue RFE/NOID and ask for explaination OR deny I-485 , I am wondering where this $1000 concept came from?? Correct me if I am wrong
245k and 245i are two different things.
245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.
Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.
1.Overstay of I-94 card's date
2.Unauthorized employment
3.Staying without payslips (with some exceptions like Maternity,paternity,sick)
http://www.murthy.com/adjsta.html click here for more info.
USCIS will issue RFE/NOID and ask for explaination OR deny I-485 , I am wondering where this $1000 concept came from?? Correct me if I am wrong
245k and 245i are two different things.
245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.
Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.
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gondalguru
07-09 11:57 PM
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.
I have changed the H1b after my last entry to usa. My I-94 in passport and in the H1b approval notice numbers are not same. Out of all 10 digits only 6th digit is different. I think it is a typo by uscis. What should I do?? The difference is very hard to figure out that I noticed it only when I was filling out I-485 by myself.
Any suggestions
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.
I have changed the H1b after my last entry to usa. My I-94 in passport and in the H1b approval notice numbers are not same. Out of all 10 digits only 6th digit is different. I think it is a typo by uscis. What should I do?? The difference is very hard to figure out that I noticed it only when I was filling out I-485 by myself.
Any suggestions
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pete
04-09 11:33 AM
Very true indeed. I am sure you have gone through the full nine yards and understand. Also you will still be an asset no matter what. That is not the case with "consultants". I think they ought to have some kind of licensing.
Like Pharmacists, dostors, nurses, architects . They should have hurdles. There if there aren't any you see what happens.
Don't want to sound selfish, but I agree 100% on this. Where I am employed as a scientist, the employer took great pains to show that I have not displaced any American worker. In fact they have a whole file with documents that support this fact. If I move, my new employer will do the same. I am not scared of this provision in the H1B bill. If you are really the best, only then you deserve to get the job, and then you have no reason to fear this bill.
Like Pharmacists, dostors, nurses, architects . They should have hurdles. There if there aren't any you see what happens.
Don't want to sound selfish, but I agree 100% on this. Where I am employed as a scientist, the employer took great pains to show that I have not displaced any American worker. In fact they have a whole file with documents that support this fact. If I move, my new employer will do the same. I am not scared of this provision in the H1B bill. If you are really the best, only then you deserve to get the job, and then you have no reason to fear this bill.
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americandesi
08-06 02:09 PM
After making a trip of South India, Santa Singh, his wife and his son were returning to Punjab in Tamilnadu Express.
Santa Singh was occupying the lower berth, his wife the middle berth and his son the top most berth in the train. When the train stopped at one of the stations on the way back the son requested Santa Singh to bring him a cup of Ice cream to which Santa readily agreed. When Santa and his son returned they found that a South Indian who couldn't understand Hindi had occupied his son's berth.
Outraged, Santa Singh called the TT and asked him to help. TT requested that he could not understand Hindi/Punjabi so it would be better if Santa Singh explained the whole situation to him in English.
Santa Singh explained, "That man sleeping on top of my wife is not giving birth to my child."
Santa Singh was occupying the lower berth, his wife the middle berth and his son the top most berth in the train. When the train stopped at one of the stations on the way back the son requested Santa Singh to bring him a cup of Ice cream to which Santa readily agreed. When Santa and his son returned they found that a South Indian who couldn't understand Hindi had occupied his son's berth.
Outraged, Santa Singh called the TT and asked him to help. TT requested that he could not understand Hindi/Punjabi so it would be better if Santa Singh explained the whole situation to him in English.
Santa Singh explained, "That man sleeping on top of my wife is not giving birth to my child."
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unitednations
08-08 04:24 PM
Because I do not remember which address I used on the visa application, and how I translated my employer's name in home country. In China, at least those days, everyone had a residence record showing your address. We had ours at my in-law's address, while living in a new development. We might used one of those two addresses. Same thing with company names, merging, name changing etc was common.
According to Crystal and Milind70, I am a bit relieved as my visa application was a long time ago. So I may not need to worry about it. Thanks everyone.
check out immigration-law; breaking news. he even says not to rely on this because the procedural manual is outdated.
According to Crystal and Milind70, I am a bit relieved as my visa application was a long time ago. So I may not need to worry about it. Thanks everyone.
check out immigration-law; breaking news. he even says not to rely on this because the procedural manual is outdated.
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mbartosik
04-09 12:39 PM
we've found that the more compelling arguments tend to be those related to US competitiveness. If I was to use the housing argument in a meeting, I would use it in a light hearted way while making a serious point. But it would certainly not be an issue that would be worth focusing on.
You said it in post above -- e.g. competitive with European blue card.
(The Blue Card is not like GC, however, comparing with UK and right to remain after a fixed 5 year period would be an argument more compelling than housing)
Which are the most compelling arguments will also depend on the law maker's background. For some family issues are a factor, then housing can be brought into the mix with other issues like age out. However, law makers with which the family issues hold greater sway also are more likely to hold us hostage for CIR and relief for the undocumented.
For most, common sense of justice is an issue, in which case housing can be brought up, but again, not an issue to focus on too much, more in the context of 'it is ironic that many of us want to buy houses but GC wait is what prohibits that, not the credit crunch'. Can be mentioned in passing, but not worth focusing on.
You said it in post above -- e.g. competitive with European blue card.
(The Blue Card is not like GC, however, comparing with UK and right to remain after a fixed 5 year period would be an argument more compelling than housing)
Which are the most compelling arguments will also depend on the law maker's background. For some family issues are a factor, then housing can be brought into the mix with other issues like age out. However, law makers with which the family issues hold greater sway also are more likely to hold us hostage for CIR and relief for the undocumented.
For most, common sense of justice is an issue, in which case housing can be brought up, but again, not an issue to focus on too much, more in the context of 'it is ironic that many of us want to buy houses but GC wait is what prohibits that, not the credit crunch'. Can be mentioned in passing, but not worth focusing on.
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srinivas06
08-05 02:23 PM
I am really surprised to see a post like this and people taking about this.
Several years back I have applied in EB3 category as my previous employer that is stupid Satyam computers manager did not give experience letter with the Skill Set due to some personal reasons. My company needs the experience letters with the Skill Set and all the Skill set should be mostly same as per our company lawyer. Now I have 11 years of experience with Bachelors in Engineering and I make decent money than most of the EB-2 guys. Do you want me to stay with EB-3 and you want to restrict me not to apply or port to EB-2? What kind of thinking is this?
People wake up! Please discuss about what we can do collectively to solve the problem. Not wasting time on all these nonsense.
Several years back I have applied in EB3 category as my previous employer that is stupid Satyam computers manager did not give experience letter with the Skill Set due to some personal reasons. My company needs the experience letters with the Skill Set and all the Skill set should be mostly same as per our company lawyer. Now I have 11 years of experience with Bachelors in Engineering and I make decent money than most of the EB-2 guys. Do you want me to stay with EB-3 and you want to restrict me not to apply or port to EB-2? What kind of thinking is this?
People wake up! Please discuss about what we can do collectively to solve the problem. Not wasting time on all these nonsense.
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s_r_e_e
08-11 05:54 PM
DJ: Come on Sarah... where did you have it?
:D:D:D:D:D:D joke of the year..
:D:D:D:D:D:D joke of the year..
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thakurrajiv
03-26 03:32 PM
I agree that credit crunch is worst we have ever seen and the worst is still about 9-12 months away. A lot of investment banks are going to be in trouble. I work for a big financial services comp and even though they say they are not affected, I know that their 'high-yeild low-risk' funds lost around $30billion. Who pays for this? investors? hmm China/Japan.. maybe. But Ben Bernanke is keen on doing whatever it takes to jumstart the economy. So he is printing dollars and reducing interest rates to historic lows(considering 60 year cycles). When I bought my first home in 2001, the rate was 8.5%. Whats it now 5.5%?
So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). Well in times of inflation your savings/investment is better in real-estate than anything else. But definitely NOT cash.
So although we might be near the bottom of real estate market, we can never guesstimate the bottom until it has passed. My advice is, negotiate hard(buyers market) and get into a deal now. As a safety net, you can ask for a long escrow(around 180 days). That way you can backout of the deal if things head south. You've only lost the deposit(subject to arbitration at least in California).
Someone pointed out that Visa Status is a smaller issue, the big issue is if you can hold onto your investment for atleast 5 years, you are golden.
I believe that having a job(well paid) in recession is an investors dream as everything is on SALE.
"So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). "
Interesting, so you are saying buy house because inflation will be high for next 3-4 months !! Personally I will not buy house based on what happens in next 3-4 months.
Stock market is more liquid than RE. Did the market go to the same levels after dot com burst ? How many years did it take to even feel normal in stock market ?
In real terms, house prices have doubled from 1999 to 2005. This has never ever happened in history. Till date in most US housing markets we have seen correction of less than 10%. Do you think house prices have bottomed out ? Even if house prices fall further by 30% you will still be at historical high prices in real terms.
I think the big question is is this bubble burst or just a cyclical correction ? Most of the arguments in this thread have been based on thoughts that it is cyclical correction.
Imagine what will happen to house prices if its indeed a bubble burst ( which I beleive in). 20% down from here in not much !!
I think this is time to sit on fence and let things settle down. Patience is the name of the game.
So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). Well in times of inflation your savings/investment is better in real-estate than anything else. But definitely NOT cash.
So although we might be near the bottom of real estate market, we can never guesstimate the bottom until it has passed. My advice is, negotiate hard(buyers market) and get into a deal now. As a safety net, you can ask for a long escrow(around 180 days). That way you can backout of the deal if things head south. You've only lost the deposit(subject to arbitration at least in California).
Someone pointed out that Visa Status is a smaller issue, the big issue is if you can hold onto your investment for atleast 5 years, you are golden.
I believe that having a job(well paid) in recession is an investors dream as everything is on SALE.
"So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). "
Interesting, so you are saying buy house because inflation will be high for next 3-4 months !! Personally I will not buy house based on what happens in next 3-4 months.
Stock market is more liquid than RE. Did the market go to the same levels after dot com burst ? How many years did it take to even feel normal in stock market ?
In real terms, house prices have doubled from 1999 to 2005. This has never ever happened in history. Till date in most US housing markets we have seen correction of less than 10%. Do you think house prices have bottomed out ? Even if house prices fall further by 30% you will still be at historical high prices in real terms.
I think the big question is is this bubble burst or just a cyclical correction ? Most of the arguments in this thread have been based on thoughts that it is cyclical correction.
Imagine what will happen to house prices if its indeed a bubble burst ( which I beleive in). 20% down from here in not much !!
I think this is time to sit on fence and let things settle down. Patience is the name of the game.
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jvordar
08-03 12:36 AM
I refer back to my earlier posting where I said I just read the memos and the law and thought this stuff was pretty simple. USCIS quite often goes above and beyond (tax returns rfe's, pictures of company inside/outside).
I'll give you some examples of what they have done of which I have intimate knowledge of:
1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll. Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are
2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky. They will then contact signer of letter and HR of company to verify that person signed the letter
3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state. I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b. Patni got fined $3.5 million for violations.
4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there
5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation). I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?
6) h-1b rfe's from california service center. when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment. These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe. One of the things they have started to ask for is a table of people whom h-1b's have been filed for. Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date. California service center then intertwines this information with company unemployment compensation reports. I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.
----------------------------------------------------------
These days; uscis/dol/dos really means business. I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company. They have the resources and tools.
ok now i'm really confused between AC21 and future employment debate....
AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx
I'll give you some examples of what they have done of which I have intimate knowledge of:
1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll. Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are
2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky. They will then contact signer of letter and HR of company to verify that person signed the letter
3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state. I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b. Patni got fined $3.5 million for violations.
4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there
5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation). I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?
6) h-1b rfe's from california service center. when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment. These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe. One of the things they have started to ask for is a table of people whom h-1b's have been filed for. Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date. California service center then intertwines this information with company unemployment compensation reports. I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.
----------------------------------------------------------
These days; uscis/dol/dos really means business. I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company. They have the resources and tools.
ok now i'm really confused between AC21 and future employment debate....
AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx
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gimme_GC2006
03-23 12:22 PM
if the e-mail address is ending with "dot gov" then you should be fine. If some is mailing from yahoo & gmail then dont respond.
:-)
:-)
abracadabra102
12-26 08:03 PM
Attacking Pakistan is a stupid idea.The hardcore hawks in Pak wants this only.
By war this side crores will die and that side crores will die. The Laskar e toiba will go to hiding in NWF and plan for next attack. India will be backward for 10 years and Pak will be backwards for 20 years.Do you want this ?
Don't attack Pak. It will be a failed state on its own. By war between us , China is going to gain.So, the people who want war with Pak by sitting comfortably in US, please think once again. It is not like going to picnic. It is life and death man.
America is failing in tackling terror in Iraq and Afganistan. Israel is failing in tackling the Hamas. Srilanka is failing with Tamil tigers.So tit for tat is not working. It will only aggrevate the problem.
Unless the fools in Pak understand the importance of real education and tolerance , they will go to drain .Now the whole world knows Pak is the culprit.They even disown their own citizen who got captured in Bombay attack.Such is the pathetic condition of proud muslim country .Shame !
My suggestion is ask US to attack Laskar e Toiba training facilities in Pak.[ Six americans and four isralies died in the Bombay attack. That is enough reason for America's attack.]
If US attacks Pak , the stupid people in Pak can't do anything. That way , Indian innocent jawans and common people will be spared.
Amma, I agree with first part of your post. We do not have to go to war with pakistan. It is on its death bed already. Pakistan will not dare attack India, but we should be prepared for such eventuality. You never know what a desperate nation can do!.
I disagree with second part of your post. We can not and should not rely on some other power like US to sort out our issues. We are a sovereign nation and are capable of defending ourselves, whatever the cost may be. Yes, it will set us back economically and we may lose thousands of lives, but that is the price we must be willing to bear.
By war this side crores will die and that side crores will die. The Laskar e toiba will go to hiding in NWF and plan for next attack. India will be backward for 10 years and Pak will be backwards for 20 years.Do you want this ?
Don't attack Pak. It will be a failed state on its own. By war between us , China is going to gain.So, the people who want war with Pak by sitting comfortably in US, please think once again. It is not like going to picnic. It is life and death man.
America is failing in tackling terror in Iraq and Afganistan. Israel is failing in tackling the Hamas. Srilanka is failing with Tamil tigers.So tit for tat is not working. It will only aggrevate the problem.
Unless the fools in Pak understand the importance of real education and tolerance , they will go to drain .Now the whole world knows Pak is the culprit.They even disown their own citizen who got captured in Bombay attack.Such is the pathetic condition of proud muslim country .Shame !
My suggestion is ask US to attack Laskar e Toiba training facilities in Pak.[ Six americans and four isralies died in the Bombay attack. That is enough reason for America's attack.]
If US attacks Pak , the stupid people in Pak can't do anything. That way , Indian innocent jawans and common people will be spared.
Amma, I agree with first part of your post. We do not have to go to war with pakistan. It is on its death bed already. Pakistan will not dare attack India, but we should be prepared for such eventuality. You never know what a desperate nation can do!.
I disagree with second part of your post. We can not and should not rely on some other power like US to sort out our issues. We are a sovereign nation and are capable of defending ourselves, whatever the cost may be. Yes, it will set us back economically and we may lose thousands of lives, but that is the price we must be willing to bear.
GCisLottery
05-24 12:53 PM
How does a media person whose objective is to get good rating and keep the show on air for as long as he could matter for our goals?
Can we find something else to talk about?
Can we find something else to talk about?
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