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  • geesee
    06-06 05:01 PM
    I agree with above few posts.. I wouldnt recommend buying a house if you are working in technology field.. Most of the companies are sending tech jobs offshore and god forbid if you find yourself in a situation where you dont have a job for couple of months, at least you have an option to pack up and go back to own country... I myself bought a house in 2005, I dont regret the decision, but I would feel much safer otherwise.





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


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

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

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

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

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





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  • gccovet
    01-07 10:53 AM
    Hi,
    I know I am beating dead horse, awakening this thread again. I am going to get lots of RED but I don't care.

    http://www.hindu.com/nic/dossier.htm

    Paksitan govt. says the provided proof are not solid enough. lol!!!





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  • 2010 Commonwealth Games



  • unitednations
    07-09 11:06 AM
    I read these desperate cases where a whole lot of IV'ers try to help with their best understanding of Immigration Law. Including veterans like UN and others who have been through hoops, successes and failures in assesing a particular case.

    My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.

    Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.

    My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.

    Best of Luck.

    This is very correct. Usually; when people post an issue they are only giving 20% of the story and there are more twists and turns that they are not disclosing and in our over zealousness to advise/post; we go through various scenarios.

    In my experience; uscis does not by default give a person a tough time. However; if there is a history (ie., denials); then they seem to go a little further into it.


    In my own case; when I had to go to local office interview; the list of documents that the officer asked for me was pretty extensive and basically outside the law. However; he still asked for those things (ie., tax returns; w2's from 1999 through 2006 (as an example)); He was really reaching in what he asked for. If I didn't have these things; then there is a possibility that a person may fake some of these things and then uscis tries to trap you. However; 245k; ead, etc.; future job offer has a lot of protections for us. It's never good to fake things; especially when most of the time it isn't necessary.






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


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

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

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

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

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





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  • 19th Commonwealth Games - Day



  • 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.






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  • Commonwealth Games Organising



  • rtarar
    08-06 09:33 AM
    IITian or MITian its immaterial.

    You posts earlier have proved themselves that you are a certified selfish,arrogant and a bonafied idiot.

    Some body really took care to create a piece like you.





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  • alterego
    04-09 06:04 PM
    I have read this thread for the most part, I think everyone seems to agree that the H1b program is in need of some modification. Each person's view seems to be coloured by his or her own circumstances.

    In the end it all depends on what you feel are the purposes of the H1b program. If you feel it is meant to plug holes as they arise in the higher end labour market in the USA, then you would be more likely to support regulations tightening it. If you feel it is a stepping stone to your green card, you might feel otherwise.

    NOONE can argue that for EB india the main cause of the clutter is the bodyshoppers and their way of using this program. That needs change and almost certainly will be changed. If for no reason but that it puts US corporations at a competitive disadvantage. We are all bystanders in this discussion.

    Whatever is done this mess needs to be cleaned up and soon. It is most unfair to everyone in the EB queue(and especially the Eb India queue). I would hasten to say it is unfair to even the H1bs working for bodyshops.
    Those not in that group would actually be right to scream "Bloody Injustice!"






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  • Commonwealth Games. Woes .



  • xyzgc
    12-20 04:54 PM
    Everybody are blaming Bush for his failure in Iraq and Economy. But Bush had a big acheivement in his period. After 9/11 he successfully prevented Terrorist attacks. That was most important acheivement and that was overshadowed by other failures.

    Had it been Mr. Obama he would have done it no different post 9/11.
    What Obama should do differently is stop this policy of appeasing terrorist nations like Pakistan and use my tax money for this purpose...I don't mind contributing to rebuilding Iraq, you destroyed it for a reason (right or wrong) now have a moral responsibility to rebuild it, otherwise there is no difference between you and the terrorists.

    But I am dead against giving a dime of my money to Pakistan, unless I can rest assured that will not go to Lashkar-e-Taiba and other terrorist outfits - either directly or indirectly but will be used for economic progress.





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  • 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.






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  • INDIA#39;S Commonwealth Games



  • satishku_2000
    05-16 05:06 PM
    Both are problems. The misuse of H-1B visa petitions prevent honest people from obtaining such a visa. That is not right. The issue of the illegal immigrants in this country is an ugly one as well. In my personal opinion, I do not believe any talks of amnesty should affect people with green card petitions pending. People given amnesty should go to the very back of the line and pay a serious fine on top of that.

    Whether you like it or not legalization will affect all petetions . If you know enough about 245i provision you would understand how it affects every one legal or illegal or skilled or unskilled . Its not about when an undocumented person will get his GC , even making so many people eligible for filing applications itself will make things worse. Imagine how long it will take for issue of receipt notices for all these petetions . If you think legalization will not affect your green card petetion processing then you are simply dreaming.





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  • Macaca
    01-15 08:35 PM
    Not as clear this year (http://thehill.com/editorials/not-as-clear-this-year-2008-01-15.html) The Hill Editorial, 01/15/08

    After Democrats won control of Congress in 2006, their agenda for 2007 was unmistakable. It would start with taking steps to try to end the war in Iraq as well as tackling the items on their �Six in �06� campaign pledge.

    But the plan for the second session of the 110th Congress is unclear. The economy is expected to play a leading role on Capitol Hill this year, while Iraq will take more of a back seat. Democrats are well aware that they do not have the votes to make significant changes to Iraq policy and believe they can attract enough support to enact some sort of an economic stimulus package.

    Yet there is much uncertainty in what will be in that bill, especially with a White House that will undoubtedly want something different.

    Democrats have made some progress on their Six in �06 agenda, enacting bills on lobbying reform, student loans and the minimum wage. However, stem cell and Medicare prescription drug negotiation legislation has been and will continue to be blocked by President Bush�s veto power. Those bills, Democrats predict, will be made law in 2009, when they hope to have control of the executive and legislative branches.

    There is no shortage of bills to address in coming months, some of which were not completed last year, such as the farm measure, patent reform and reauthorization of the Foreign Intelligence Surveillance Act.

    Democratic appropriators, meanwhile, are expected to have more time to focus on their spending bills earlier this year because they will not be burdened by the need to finish leftover budget measures from the previous Republican regime. Still, losing the spending showdown with Bush in December limits their leverage in 2008.

    In order to build on their majority, Democrats must combat GOP claims that this is a do-nothing Congress. They are expected to discuss that at an upcoming retreat, as well as fine-tune what their 2008 agenda will be.

    It is unlikely that the tensions between House and Senate Democrats, which have flared in recent months, will continue to mount. A cohesive message in 2008, as in all election years, is vital to winning in November.

    Republicans in Washington privately acknowledge that Democrats are likely to control both houses of Congress next year. But the dismally low approval ratings for Congress have gotten the attention of Democratic leaders, who know they must produce in 2008.

    If things go right for Democrats this year, they will be talking about bold ideas in 2009 with a Democrat in the White House and at least a handful of new Democratic senators. But there are many hurdles for them to clear to get to that point.






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  • 2006 Commonwealth Games



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

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

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



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





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  • logiclife
    07-09 01:11 AM
    Well, we had a good debate on Radio on KPFK today.

    I would like to thank Rajiv Khanna, Stuart Anderson, Carl Shusterman, Ashish and Swadha for participating on this show. Also Aman and Ashish for arranging this with Debo.

    Today, a caller called the show when Debo opened the phone lines and this guy, named Mike, went on and on about how H1B program is similar to slave trade and H1B workers live like insects by piling up 10 people in a one-bedroom apartment and work 100 hours a week for 30 thousand dollars a year bla bla bla.

    Without studying due process, or policy analysis, simply crying "Slave Trade", "H1B stole my job...waaaah...waaah", "H1B replaced me...waaah...waaah", they create good sound bites and play victims.

    Really, H1B program and employment based greencard program, that brings professionals in skilled occupation into this country to fill a shortage of skilled workers has been vindicated beyond limit. And they keep beating the same drums. "They steal jobs". "They drive down wages". They make good soundbites. And they make good quotes for Lou Dobbs.

    Let me say this to Mike and the likes of Zazona.com

    Employers dont just go around spending thousands of dollars on H1B fees and greencard fees to hire a guy with foreign accent if a native citizen was available. And they do not underpay them, because they HAVE to pay prevailing wages based on the wages determined by the Department of labor. If they apply for greencard, then that's because they want him on a permenant basis and there is a another labor certification process for that too, where there are newspaper and other advertisements for the job available to citizens first. Upon not finding a suitable fit, they file for labor certification. And let me remind you all that it takes 2-3 years for department of labor to do that coz they do an exhaustive review of the job offer.

    Go Here on this link of Department of labor (http://ows.doleta.gov/foreign/perm.asp)and read the process for yourself. This system is designed to protect the citizens and IT WORKS.

    Now in a few cases, if there was fraud, then that doesnt mean that the system does not work and should be abolished. Its like saying that we should abolish driving privileges of everyone just because some drivers drive drunk and kill pedestrians. By that token, we must also ground all commercial air travel because sometimes the planes crash and they kill people.

    Another accusation is that H1B employees pay for their own fees sometimes and also for lawyer's fees. And they work like donkeys. Well, not everyone pays for the lawyers. In some rare cases, if the employees hire lawyers, its their own choice, for their own comfort and for their own complicated cases which are many time due to problems of their own making. Why would the employer pay for individuals immigration problems that are not tied to H1B or GC petitions filed by Lawyer? As to working additional hours, its called overtime my dear friend. And they are paid to do that. No one works for free. And no one works for less. If they are paid less than what they think they deserve, then they quit the employer and go to another employer next door who pays them more and treats them fairly.

    And ya, another thing. Biggest subscriber of H1B program, especially since the late 90s has be the IT industry. Unemployment in IT industry is less than 2%. If H1B program is really making life worse, I am sure IT industry unemployment would have been more than national average of 5%.

    And now, let me mention a few slaves and their slave-masters that I am really proud of...

    There are nearly 2000 doctors who are on their path to permenant residency(Green card) in America. They are under Conrad-30 (J1) program. They serve 4 million americans in medically underserved areas. These are rural areas where its hard to find a proper grocery store, let alone a Doctor.

    One of my friends works as a Doctor in Yuma, Arizona. The greencard process for him stalls him for years and years to move to a more desirable area even if he has done his due of serving in rural areas for X amount of years. His process would start over again if the area is no longer medically underserved.

    And then there are nurses, who also make it to America from all over the world on H1B program. Now, if you've ever been to a Hospital, you would know that its not really the most pleasant job in the world. And there is a severe shortage of nurses in America. Even a 5 year old knows this. So by abolishing H1B program and employment based immigration program, you would get rid of the SLAVE nurses too, who work 12-hour shifts on jobs that American born RNA nurses dont accept.

    Such Doctors and nurses are a beacon of hope to 4 million Americans where healthcare is difficult to come by. If such Doctors are slaves, then I am proud of those slaves and their slave masters, and I would love to be either one of them any given day of the week.

    -Have a great weekend-






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  • file485
    07-08 09:24 AM
    Please post URL of this file. Thanks!

    googled it and found the link..it might be helpful to many folks..

    http://www.ilw.com/seminars/august2002_citation2b.pdf





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  • ShantiRam
    07-11 11:18 AM
    My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regurarly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?






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  • GCwaitforever
    05-31 06:01 PM
    Lou is an arm-chair critic. I have nothing more to say.





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  • logiclife
    05-31 06:18 PM
    Tucker Carlson(Yeah, the one who was mocked by Jon Stewart and eventually was scrapped from CNN's crossfire) is next in the recruitment line for Fox News.

    For a job at Fox I think Tucker and Lou pretty much are competing. Both think that immigrants are the cause of deficit and all the economic crisis(if such a thing exists today). However, I am sure both love their houses built by illegals, the lettuce picked by illegals.

    Lou Dobbs is along the lines of Pat Buchanan. He would rather insulate the United States from the rest of the world and isolate. Against immigration, against outsourcing, against free-trade. Sort of like built a huge Igloo around the country so that the immigrants dont plunder the wealth and property that Lou has created with his bare hands.





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  • gc4me
    08-05 12:24 PM
    I would like to compare Mrs. Rolling_Flood to Lou Dobbs who only initiates controversy and never dares to challenge.
    And now Rolling_Flood is enjoying his forum which is growing exponentially!

    C'mon Mrs. or Miss Rolling_Flood, post you qualification here. (honesty please! :D)

    Originally Posted by gc4me

    Mrs. Rolling_Flood,
    Post you qualification here.
    You can see flood of post from EB3 folks who has superior qualification (education wise as well as experience) compare to you. Either you are out of your mind from rigorous GC fever or a one eyed person with poor imagination or simply you did not get a chance to work in a big environment like fortune 10 or may be fortune 100 companies. Or else you would know how/why/when a company files under EB3 despite the fact that the candidate has more than required qualification for EB2. Position requirement, layoffs, HR policies, Company’s Attorney Firm’s policy etc. comes to picture when a big organization files LC/GC for a candidate.

    I guess you are like me working with a small deshi consulting firm with 3 or 4 consultants (working C2C). They can make almost anyone eligible (on the paper) for EB2.

    Then ask me why I am not EB2? According to my company's attorney, I-140 will be rejected due to the stand of
    company's financials.





    thomachan72
    08-06 04:28 PM
    THERE IS THIS GOOD OLD BARBER IN SOME CITY IN THE AMERICA....

    ONE DAY A FLORIST GOES TO HIM FOR A HAIRCUT. AFTER THE CUT, HE GOES TO PAY THE BARBER AND THE BARBER REPLIES: "I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU.I AM DOING COMMUNITY SERVICE." THE FLORIST IS HAPPY AND LEAVES THE SHOP.

    THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN ROSES WAITING AT HIS DOOR.

    A POLICEMAN GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES:"I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE." THE COP IS HAPPY AND LEAVES THE SHOP.

    THE NEXT MORNING THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN DONUTS WAITING AT HIS DOOR.

    AN INDIAN SOFTWARE ENGINEER GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES: I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE. THE INDIAN SOFTWARE ENGINEER IS HAPPY AND LEAVES.

    ..Enjoy

    THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, GUESS WHAT HE
    FINDS
    THERE...

    CAN YOU GUESS?

    DO YOU KNOW THE ANSWER YET?

    COME ON, THINK LIKE A INDIAN....

    A DOZEN INDIANS WAITING FOR A HAIRCUT........!!!!!
    well most of us guessed the answer because as soon as we read about the barber we were thinking of asking whether you knew his address!!





    485Mbe4001
    08-06 01:52 PM
    red dot for this post.... are you nuts or someone touched a raw nerve or you have lots of spare time to create controversies:confused:

    Lets petition USCIS to scrap EB3 and send them home. Rolling_flood needs his GC real bad... We are unavailable today and will be U in 2010. you can have our 3k visa for your category.

    Have you never jumped a line in your life, i bet you have.

    We see it all the time, people will find ways to move ahead and so will you..nothing wrong with that. What is wrong is demeaning or ridiculing a group for you selfish needs...good luck with the law suit.. the least it will do is highlight problem our to a greater audience (Y).



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