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Tuesday, July 12, 2011

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  • sanju
    04-07 01:52 PM
    Can there be a differentiation between extensions/renewals/company changes and new H1bs?

    In some sense there already is, since the former are not subject to cap, while the latter are.

    So, why not extend the same argument to other situations?
    Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

    That way, they don't get rid of existing H1B employees.
    They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.

    Here is why -

    People who drafted and proposed this bill wants us all out PERIOD. They don't care if we are already on H1 waiting for our green card or if it is a new H1. The restrictions want us all OUT. Some people on this forum have elitist attitude (alias, I am not referring to you here, simply making a point after reading some of the post) because they either do not work for the consulting company or they are have Masters from a US Univ. Big deal�. If this passes, these people will elitist attitudes will soon realize what they would be up against.

    IEEE-USA and Ron Hira et al say that they want to speed up the green card process but they oppose H1 visas. However, for whom do they want to speed up the green card process when they don�t even want people on H1 in US and are proposing a bill to systematically purge us all from US.





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  • riva2005
    05-16 06:51 PM
    It is very simple -- the 'consulting on the bench' business is ILLEGAL. You can have any opinion on it you wan't, but the bottom line is it is against the law. If you can't meet the legal requirements, you shouldn't be here in the first place.

    And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.

    It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.

    Ok fine. you are right. I am wrong. I have run out of arguments and unless I repeat them like you are repeating them, I dont have anything new to add. Go and support the Durbin-Grassley bill. Make phone calls and write letters to other lawmakers and tell them that Durbin-Grassley is a good idea.

    Thanks for listening and responding so far.





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  • nogc_noproblem
    08-26 11:09 PM
    Three mischievous old Grandmas were sitting on a bench outside a nursing home...

    ... when an old Grandpa walked by. And one of the old Grandmas yelled out saying, "We bet we can tell exactly how old you are." The old man said, "There is no way you can guess it, you old fools."

    One of the old Grandmas said, "Sure we can! Just drop your pants and under shorts and we can tell your exact age."

    Embarrassed just a little, but anxious to prove they couldn't do it, he dropped his drawers.

    The Grandmas asked him to first turn around a couple of times and to jump up and down several times.

    Then they all piped up and said, "You're 87 years old!"

    Standing with his pants down around his ankles, the old gent asked, "How in the world did you guess?"

    Slapping their knees and grinning from ear to ear, the three old ladies happily yelled in unison - - "We were at your birthday party yesterday!"





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  • DSJ
    05-16 12:08 PM
    This is exactly my point. In my view, since have seen both worlds, each one has their own adv and disadv. But eliminating body shopping does not solve todays H1-B shortage issue. They can do many things like limiting no's of H1B per company, release H1B quota quarterly like greencard.

    Do you know that 70-80% of H1Bs are on working on Consulting basis to complete the short-term/long-term assignments. They are the bread and butter of US IT business, not the full-time H1bs working in-house, who again takes a consultant to complete his job.



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  • delax
    07-13 09:48 PM
    [QUOTE=kutra;262395]Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

    Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

    I am not trying to convince anybody about the merits. The original post asked for comments which I offered. PL read this post of mine
    http://immigrationvoice.org/forum/showthread.php?p=262198#post262198

    I am not at all surprised at the 'backlash'.
    I appreciate your input and candor





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  • fromnaija
    08-02 11:40 AM
    Actually, USCIS does nothing with the Consulate copy of G-325 if applicant has been in the USA for more than one year. You can find this fact in the I-485 Adjudicator's manual.

    No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.

    There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?

    One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.



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  • NKR
    07-14 09:48 AM
    Eb2- I people are wrong when they think any steps taken by EB3-I are because of jealousy.

    I am an EB2 I applicant and my PD became current this month. If I do not care, I wouldn�t even be checking out this thread. I understand your pain and frustration, I was stuck too for a long time in the old labor process before perm came.

    EB2 I people do not think EB3 I people are jealous. I do not think Rolling Flood is from India, let alone being an EB2 I applicant. He just rolled in thinking he can open a flood gate of arguments and counter-arguments, let�s just prove him wrong.





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  • paskal
    04-09 11:59 AM
    As is true with everything else it cannot be all gain.
    If we are to have CIR based GC advantage there will need to be H1B regulation. Thousands of h1Bs get filled in matter of hours. Many for consultants. How can that be right. Tough choices will need to be made and so be it.

    i'm not opposing reform. in fact i strongly feel that without reform this mess cannot be resolved. just like you do. but creating a new mess with LCA's that can't be handled in time? is that the answer? what about if you already have an LC approved? sound like you still need to duplicate the entire process for H1b renewal...does that make sense to you?
    or do you just want to support something, anything that might relieve the numbers?



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  • xyzgc
    12-22 11:31 PM
    Though I strongly disagreed with some points made by the initial poster, some of your points look like they are out of the VHP's handy book. Muslims do have a slightly higher fertility rate, this is falling fast and there is only a slight difference between hindus and muslims. Partly it has to do with religion but there are various other reasons including higer female numbers and better mortality rate.

    See article. http://signal.nationalinterest.in/archives/madhu/63

    Another article(slightly older): http://www.thehindu.com/thehindu/mag/2002/11/10/stories/2002111000610300.htm

    That's very positive news. Its not like every muslim has ten wives and produces 50 children.And for that matter, every Hindu widow doesn't commit sati.

    I don't know whether VHP has a hand book. At least, I have not read it even if there is one. If they have it and they have expressed similar thoughts, there is nothing I can do about it.

    There are several issues in Indian society. We are not denying it.
    What we are demanding is that Pakistan should stop sponsoring terrorism. Not only that the nation must take active steps to root it out instead of simply disowning the terrorists. That's all.





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  • sledge_hammer
    06-25 04:03 PM
    You are wrong my friend. Not all rich people pay cash for their homes. Read this - Celebrity Foreclosures - Forbes.com (http://www.forbes.com/2009/06/02/gotti-canseco-dykstra-foreclosures-business-celebrities.html)

    And who was rich first and does not consider his house as an investment!



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  • redcard
    12-19 12:22 AM
    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.

    I am surprised that you have been brainwashed by your religious leaders into believing what you wrote... just to refresh your memory,,
    When Islam arrived in India, the Hindus welcomed the Muslims with open arms as brothers. In return Islam destroyed the entire Hindu civilization...over the years the followers of Islam killed over 100 million people. It has been documented that the largest genocide the world has ever witnessed was killing of over 100 millions hindus in the Hindukush region by Muslims. The muslim leaders �educated� Muslim men to rape Hindu women as this was a method to destroy the Hindu race. Infact raping Hindu women was part of what being a Muslim man was about! Temples were razed to the ground and villages were burned. Those who refused to convert to islam were either killed or raped if you were women. The reality is that islamic religious leaders wanted to destroy every religion from earth so that Islam the youngest religion in the world could prevail.Even today that is the aim of the islamic fanatics and cause of all the problems. Even in the recent past in this decade only.. the Taliban destroyed the Budha Statues in Afghanistan.. and people call this religion a religion of peace..., its a joke.

    Islam is a religion which does not even preach to treat your own wife with respect. Its a religion which teaches men to kill their wife incase they don't obey them. Even today women are treated like doormats and "things" of pleasure for men in this religion.

    Lets face it the fact is that Muslim community is now being cornered by the western world is because the violent front of the religion has become the face of Islam and the moderate religions and community in the world cannot take this anymore. That is the reason why the Muslim are suffering. Its like saying in Hinduism.. the Karma is catching up with you.

    Its sad that even today in India the muslim which is a minority community is holding the whole country back.. they continue to fight the hindus where ever they can and whenever they can in places like Kashmir and unfortunately the Indian leaders and Hindu community continue to follow the principle of Non Violence which is not working.

    The islam religion is not a religion of unification on the contrary the religion teaches the Muslims that non-Muslims are infidels and that they should be killed and that is the reason why Isalm was instituted through coercion and violence. So lets face Islam is everything but a religion of peace.. and yes I think the world is now waking up the violence of this religion and sooner or later the Islamic religion has to evolve into a moderate religion, failing which it will die its own death..





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  • Macaca
    02-15 10:37 AM
    First 2 paras from Justice Official Bought Vacation Home With Oil Lobbyist (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/14/AR2007021401913.html), By Susan Schmidt and James V. Grimaldi, Washington Post Staff Writers, Thursday, February 15, 2007

    A senior Justice Department official who recently resigned her post bought a nearly $1 million vacation home with a lobbyist for ConocoPhillips months before approving consent decrees that would give the oil company more time to pay millions of dollars in fines and meet pollution-cleanup rules at some of its refineries.

    Sue Ellen Wooldridge, former assistant attorney general in charge of environment and natural resources, bought a $980,000 home on Kiawah Island, S.C., last March with ConocoPhillips lobbyist Don R. Duncan. A third owner of the house is J. Steven Griles, a former deputy interior secretary, who has been informed he is a target in the federal investigation of Jack Abramoff's lobbying activities.



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  • jkays94
    07-10 02:02 AM
    Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...

    (lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)

    USCIS Settlement Notices and Agreements (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2492db65022ee010VgnVCM1000000ecd190aRCR D&vgnextchannel=2492db65022ee010VgnVCM1000000ecd190a RCRD)





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  • Keeme
    12-18 05:02 PM
    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.


    Palestine -
    Iraq - Aren't you glad to see people are free from dictatorship of Saddam ?
    Afghanistan - Can you name a place on earth which is worst than this country ?Have you seen video how they treat woman ? Have you seen how school girls were thrown acid for attending a school ? Help Nato/ US/ other country to help those poor souls.

    Somalia
    Darfur - Do you really know what is going there ? I wonder why not Middle-east country has come forward to stop that killing so far.
    Chechnya
    Kashmir - More, (may be 1000:1 ratio) pundits/Hindus have been killed there. As I have heard, they had cut 100s Hindu women's **** and hanged in line in main street ! Can you imagine being refugees in your home country !

    Gujarat... - Get your facts clear.Muslims are much safer/prosperous in this state. Riots were normal for all of you till the killed Hindus numbers were higher than killed Muslims. some 1000 local were killed in 2002 including 400 + Hindus. People do not mention what happened before in that burning train and 100 + pilgrims were burnt alive.

    Accept that there is a problem and fight how you can change it. Today some one is become victim, tomorrow it will be your turn. Doesn't matter where you are from/which religion follow.



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  • saravanaraj.sathya
    08-08 10:39 AM
    UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.

    Question-
    --------------------
    Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?

    Yes, that is correct.

    I will give you what was asked for in my local office interview:

    w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.

    I-134 affidavit of support

    All passports

    Updated and new G-325a (old one I had completed in 2003)

    Letter from employer giving detailed job description; salary

    last three months paystubs

    Company two years of tax returns

    Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).

    --------------------------------------------------------------------

    My situation; entered USA on TN back in July 1999

    Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).

    I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.

    From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.

    Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).

    I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.

    -----------------------------------------------------------------------

    When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.

    Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.

    He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.

    He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.

    He then said case is approved.

    Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.





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  • Legal
    08-07 10:38 AM
    :D:D:D:D

    If you are interested to lead this effort, you can lead a thread of jokes on the forum and lighten up everyone.

    Des vs. Pardes

    1. Mother-in law:
    In Des - A women capable of making your life miserable.
    In Pardes - A women you never fight with, because where else you will find such a dedicated baby sitter for free?

    2. Husband:
    In Des - A boring human species, who listens more to his mother than you, and orders you around to serve him, his parents and siblings.
    In Pardes - Still boring, but now a useful human species that comes in handy when the house needs to be vacuumed.

    3. Friend:
    In Des - A person whose house you can drop into any time of the day or night and you'll always be welcome.
    In Pardes - A person who you have to call first to check and make sure he is not busy.

    4. Wife:
    In Des - A woman who gives you your underwear and towel when you go to take a shower.
    In Pardes - A woman who yells at you not to leave tub dirty when you go to take bath.

    5. Son:
    In Des - A teenager, who without asking will carry your grocery bags from the market.
    In Pardes - A teenager, who suddenly remembers he has lot of homework when you start mowing the lawn.

    6. Daughter:
    In Des - A lovely doll, who brings tears to your eyes when her doli is about to leave.
    In Pardes - A lovely doll, who brings you to tears long before any doli time.

    8. Father:
    In Des - A person you are afraid of, and who is never to be disobeyed.
    In Pardes - A person to whom you pretend to obey, after all he is the one paying your college tuition.

    9. Desi Engineer:
    In Des - A person with a respectable job and lots of upper ki kamai. :D
    In Pardes - A person without a secure job, who always dreams one day he will be rich.

    10. Desi Doctor:
    In Des - A respectable person with ok income.
    In Pardes - A money making machine, who has a money spending machine at home called "doctor ki biwi".

    11. Bhangra:
    In Des - A vigorous punjabi festival dance.
    In Pardes - A desi dance you do, when you don't know how to dance.

    12. Software Engineer:
    In Des - A high-tech guy, :D, always anxious to queue consulate visa line.
    In Pardes - The same hitech guy, who does Ganapati puja everyday, and says 'This is my last year in the US (or wherever)' every year.

    13. A Green Card holder bachelor:
    In Des - the guy can't speak Hindi, parents of good looking girls are dying to hook him, wears jacket in summer, says he has a BMW back there.
    In Pardes - the guy can't speak English, wears jacket all the time, works in a Candy store at Manhatta n, dreams of owning a BMW.



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  • unitednations
    03-25 04:05 AM
    As a matter of fact, any one if trained properly can do any job..
    So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?

    Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...

    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.





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  • HawaldarNaik
    09-27 07:50 PM
    Any inputs on the Nov Visa Bullietin ? Will the dates move forward substantially ?





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  • chintu25
    08-05 11:55 AM
    I am requesting an amendment to the spelling of "mahaul".
    I think it would sound better if we spelled it as "mahole" :D

    Mohol --> :D





    bkarnik
    08-05 05:26 PM
    A lady tells her husband to go to the store to buy some cigarettes.He walks down to the store only to find it closed. So he goes into a nearby bar to use the vending machine.

    At the bar he sees a beautiful woman and starts talking to her.They have a couple of beers and one thing leads to another and they end up in her apartment. After they've had their fun, he realizes its 3AM and says, "Oh no, its so late, my wife's going to kill me. Have you got any talcum powder?" She gives him some talcum powder, which he proceeds to rub on his hands and then he goes home.

    His wife is waiting for him in the doorway and she is pretty angry.Where the hell have you been?". Well, honey, it's like this. I went to the store like you asked, but they were closed. So I Went to the bar to use the vending machine. I saw this great looking girl there and we had a few drinks and one thing led to another and I ended up in Bed with her.

    "Oh yeah? Let me see your hands!"

    She sees his hands are Covered with powder and says...
    "You God damn liar!!! You were playing pool again!!!"

    Moral of the story:

    Always tell your wife the truth. She won't believe you anyway. At least your conscience is clear





    satishku_2000
    05-16 06:30 PM
    It is very simple -- the 'consulting on the bench' business is ILLEGAL. You can have any opinion on it you wan't, but the bottom line is it is against the law. If you can't meet the legal requirements, you shouldn't be here in the first place.

    And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.

    It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.

    What are the SKILLS that are so unique to you in the world? What makes you think everyone is less HONEST and less SKILLED than you are?

    I have seen in many cases why companies wants consultants is because consultants are much more skilled than their regular employees and companies are willing to pay a premium for consulting services.



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