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  • mallu
    01-28 02:46 PM
    Why should anybody listen to this guy? This guy doesnt really represent the facts.

    The fact is that he is against IMMIGRATION of any form. I am sure he denies the fact that fore-fathers were immigrants and came from a distant land.

    That is surely amnesia. What to say, one of my desi coworker who who got his citizenship recently has started "Why we need more people" . When asked about his case, "mine was different, because of y2k etc there were great demand around 1999-2000".





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  • Munna Bhai
    07-08 07:47 PM
    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.

    What made them to ask paystub for during 2000 and 2001?





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  • vallabhu
    04-06 11:52 PM
    My understanding H1 B employers (mostly desi companies) are root cause of this situation by abusing H1 b program, they have made enough money by sucking H1 employees blood, now hey are equally affected it is time for them to share some of it and fund all the efforts to curb these kind of Bills.

    Please forward the text of this bill to all your employers and ask them to join hands with IV.





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  • ganguteli
    03-24 02:32 PM
    Unitednations,
    I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.

    - Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?

    - If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.

    - Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?

    - If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?

    - Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?

    - Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.

    - Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.

    The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .



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  • tdasara
    08-11 02:39 PM
    I am not sure if he cares to know that 'even foreign born PhD's need H1b visa to work and do research here before they get a Greencard'.

    If am not wrong he also mentioned wide and loud that 'H1b visa holders pay NO taxes (SSN and Medicare) included and take/send their earned money home'.





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  • cinqsit
    03-24 07:03 PM
    When I first started to get to know consulatants and staffing companies; I thought that this whole bribe system; creating positions at end clients; how consultants got selected, etc., was a big racket.

    However; when I did introspection of how things worked in my industry; I pretty much concluded that it was done in same way but at much, much higher levels.

    USCIS is just keeping it pretty simple these days; show us that there is a job with an end client that requires a degree. They pretty much know that it is impossible. Even if you can get one; they pick on it pretty good and still deny it.

    The system was actually designed for staffing companies when you think about it. When h-1b was first created; no one would have used it if it wasn't for staffing companies. Typical US companies wouldn't have the network to get foreign employees unless they were already here. To get them from a foreign country then the only companies who can really do so are the staffing companies.

    The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.

    I always thought that there are people from around the world who want to come here but can't because they are not part of the "system". You can see this in the greencard lottery. Almost 9 million people apploy to get here through this. If they had their own country people looking to get them here then there would be a more equal distribution of visas.

    I think people need to step back and think that this is one of the reasons why they have country quotas. No matter what people think that they re being hired for their skills and that employers don't care about their nationality; people need to understand that a "system" has been designed that is benefitting a few nationalities. Once you can get here then you can find your way. However, if you can't get here then you can't find your way.

    Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.

    So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
    on the other hand how do you put an end to this misuse ?

    Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"



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  • waitnwatch
    08-05 03:13 PM
    It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.

    Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?





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  • alterego
    07-13 02:09 PM
    Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

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

    Fairness is not what this is about. That is the whole issue. Is it fair that EB2 India has been waiting for years while EB2ROW has been current? Is it fair EB1 is over supplied with visas while EB2 India even EB2NIW was left heavily retrogressed? Worse yet, is it fair that the USCIS interpreted the law wrongly and gave visas to EB3ROW at the expense of EB2I? Was Labor Subs. Fair?

    It is not about fair my friend. I am not unsympathetic to your plea for more EB3I relief. There absolutely should be some, and through a legislative fix. However the executive branch of Gov't has to implement the law as it stands.



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  • suavesandeep
    06-20 08:07 PM
    You actually nailed down exactly what i have been thinking...

    Its just seems impossible to get a decent house which is not 25+ in Cupertino, Redwood shores etc ..And my gut feeling is these places the homes will never be affordable, they may lose some value but not much.

    I have also been debating about Austin as an alternative. Again what field you work in also plays a big role in the decision. if you are a techie and work in a product based company Bay area has all the top companies you could wish to work for. Where as cities like Austin merely have satellite offices for these companies based in bay area. I guess if you work in the service industry you would have more choices to pick from. Plus reason to consider austin for me is that "Austin is very much like bay area" ... In that case i think why not live in Bay area itself :)

    But yes if you are in bay area, Paying 700+ for a decent place just does not make sense even with all the rebates.


    I am hoping my gut feeling is proven wrong :)


    This is for sharing and suggesting your views, ( :)who are not opposing for buying a home now or in the near future and those who are staying at Bay Area, CA or similar places in US) where the medium home price is still looks like quite unaffordable :

    for example, in Bay Area, CA - places which has good school districts and neighbourhoods like Cupertino, Fremont, Redwood shores etc., (please add other good places also...) - the medium home price of a new independant home (anywhere from 1500 to 3000 sq.feet) will be atleast in the price range of $700000 - 2+ Millions.

    Other options are :
    1) Moving to the outskirts, around 40 or 50+ miles - places like San Ramon, Gilroy etc. (remember commute will be too hectic...). In these places also, the above mentioned homes will cost $450000 and up.

    2) Go with an old condo/town home (in Bay Area, usually an old house is 25+ years YOUNG!!!) and after 5+ years look for an old independant home and after another 5+ years, move to your dream home. (I don't know whether we, most of us who are in the GC mess might be in 35 and above age group, have any juice left to do so rather than try to settle down within a couple of years. And one more thing, are these places really worth for spending this much for houses? (I know its a personal choice and lot of factors come in to play...)

    3) Move to a more affordable place so that even if there are some hick ups in career or other ups and downs in life, it won't affect the mortage payment (considering ones personal interests and other factors like employment opportunities, climate, diversed community etc etc.) - places like Dallas, Austin, Phoenix, Atlanta etc. (feel free to add other cities also).

    Please comment/share your thoughts (I am agreeing there may be slight variation in above price ranges) and really sorry if we discussed this in any other threads....

    Thanks,
    B+ve





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  • yagw
    08-20 02:40 AM
    Little Johny's first day in pre-school, the teacher gave a little test. She asked the kids to close their eyes and stick the tongue out. She then put honey drops and asked them to guess what it is. When no one was able to, the teacher decided to give a hint.

    "children, its how your mom calls your dad.. well, most of the time anyways"

    On hearing this, Little Johny screamed, "SPIT IT OUT GUYS... ITS A** HOLE"



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  • USDream2Dust
    03-23 10:33 PM
    Thank you. I need to buy a house and I have no savings. I make a lot of money but no savings. You guys are inspiration. I am going to jump off the cliff and buy a house. Worst come worst I would contribute to the worsening economy and end up in foreclosure. But I think unless I try I would end up getting old in my 1 bedroom apt.

    I need help. I am searching online a lot of real estate agents. How do you do it? I am in NJ and don't even know what area is good and I heard you have to look for schools for kids (i don't have but would have in 1-2 years). Do real estate agents recommend any areas?

    There is only 2 things I know.
    1. I need house
    2. I can afford 500k house.


    Any inputs recommended :)





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  • purgan
    01-28 10:44 AM
    what has time to put 30-40 comments. Let the junkies who like him waste their money reading his crap...



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  • senthil1
    05-15 09:11 PM
    No this is not correct. If consultancy companies are not there we could find a permanent job. I do not think if H1b is banned for consulting H1b numbers will be reduced so much. H1b rotation will be reduced. But still TCS, Infosys will survive as they have lot of other options like L1 and B1.But US persons will make more money in consulting as there is no restriction for them. So impact is minimal for US companies and also H1B persons. impact will be severe for bodyshoppers. Also current H1b people will not be impacted as most of them will file I 485 as Skil bill be passed. But H1b abuse will be minimised.

    If consultant companies are not suppose to body shop most of us will be jobless. Please look back how you came to this country in the past.
    Body shopping in not a new concept for H1-B, don't know why they are concered now.





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  • Macaca
    12-28 06:54 PM
    The India-U.S. Relationship in 2010 (http://blogs.wsj.com/indiarealtime/2010/12/28/the-year-that-was-india-and-the-us-in-2010/) By Tripti Lahiri | IndiaRealTime

    Indian and U.S. relations went through both highs and lows in 2010, with roadblocks on nuclear cooperation and outsourcing creating some rifts in a relationship that is strengthening overall, as U.S. President Barack Obama said on his first visit here in November.

    Here are five India Real Time blogs that present a sense of the diversity of the political, economic and cultural ties between�yes, we have to say it��the world�s oldest democracy and the world�s largest democracy.�

    Sure, some Americans still see Indians as job-stealers. During the Arkansas Democratic primary earlier this year, a group called Americans for Job Security tried to capitalize on that perception with an ad that had various Indian characters thanking candidate Bill Halter for sending them jobs. Many Americans, and not just those of Indian or Asian descent, found the ad a wee bit tasteless.

    And sometimes India still feels on unequal footing with the U.S. The verdict this summer by a Bhopal court in the Union Carbide pesticide plant gas leak case of 1984 stirred up grievances India still harbors towards the United States from a time when the country wasn�t viewed as an emerging nation and had little ability to bargain with the American superpower.

    This year seven former Indian executives of the now defunct Union Carbide India Ltd. were found guilty of negligence in connection with a disaster that killed thousands. No American executive stood trial and Union Carbide Corp. the parent company, never admitted negligence though it did agree to a $470 million settlement five years after the leak. The feeling that an American firm had got off lightly because it hailed from a country more powerful than India sometimes still rankles and set off a cry again this year to extradite then Union Carbide Corp. chair Warren Anderson, now in his eighties.

    But couch potatoes in both countries can still share a laugh at and with each other. Following the theory that the best comedy comes from the things we really want to cry about, as Americans complained about job losses and Indian IT firms complained about a hike in skilled-worker visa fees, NBC waded into the fray with a sitcom called �Outsourced.� Reviews for the show, which premiered in September, and comments from India Real Time readers , were mixed.

    Culturally, the two countries exchanged some things. From motorcycles to Broadway-inspired theme parks, India drew a lot from the United States. Meanwhile, Indians are now providing suits to Obama and recipes to the rest of America. And at least one Indian-American came to greater prominence in the United States.

    And the most powerful man in the world (or second-most, with China�s Hu Jintao apparently ahead this year) says the two countries have overcome the coldness of the past, when India aligned more closely to the former USSR. In his landmark address to Parliament Mr. Obama said that India and the U.S. �have an historic opportunity to make the relationship between our two countries a defining partnership of the century ahead.� He also said the two countries must work together to create jobs, fight terror, promote democracy around the world.

    Of course, in order to achieve all those things, India Real Time suggested that the two countries, like any couple that is in it for the long haul , must work out the kinks in their own relationship.

    India U.S. Ties in 2010 (http://online.wsj.com/article/SB10001424052970203731004576046822308542558.html) By IndiaRealTime



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  • DallasBlue
    07-08 09:48 PM
    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.

    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.





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  • reddog
    07-14 03:33 PM
    Why do you write 'I know this mess is depressing for EB3 folks' ?
    Is IV not with Eb3 folks? Or are they not important.

    Let me clear somethings.
    Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.

    What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
    Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.

    So, why would you not fight for us?

    If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?

    Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.



    I commend the initiative. But I see a few issues with it:

    You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role

    You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.

    The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.

    If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.

    If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.

    Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.

    So I personally do not think this idea will work.

    While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
    The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.



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  • NKR
    09-30 02:26 PM
    Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
    Correct me if I am wrong.

    I just do not understand this part, why would they provide something and ask us not to use it. It is like giving you a piece of cake and telling you not to eat it. This whole thing sucks, they are making it harder for people who live by the law of the land.





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  • GCwaitforever
    05-24 10:54 PM
    Can one understand that an automatic increase of 20% per year can cause hardship to citizens caught in a future and unexpected recession ? That's all I am saying.

    Folks, this is what concerns me. We are all very educated people and we cannot have a decent conversation. Many in this thread gets angry at me. As Lou Dobbs says, that is shocking. :-)

    Communique

    This is what I can tell you. Couple of my friends choose to go to China for job opportunitieis because that is where manufacturing base of USA is. For opportunities, Americans go to places like Dubai and Russia which are growth markets. In a global economy, job migration is common. It happens both ways - into USA and out of USA.

    Lou Dobbs rants about protecting American jobs all the time. Where was he when this was happening from 1980's when blue collar jobs were being shifted to China? USA lost more jobs in manufacturing than in IT outsourcing. His rants bring a sense of insecurity among American viewers, nothing else. The truth is Americans are most resourceful. When faced with a challenge, they find something within themselves, do something and earn a living for themselves. Current number of IT jobs in USA exceeds the number of jobs available during the peak of dotcom era. So infact the IT sector in USA expanded considerably from the dotcom time. Would not you expect a shortage of workers now, given low admission levels of US students in Technology fields? This shortage is part of the reason for expansion of outsourcing. And US universities fill their seats with bright foreign students, but there are not enough VISA numbers to keep these students here. Also USA population is aging rapidly. Part of the reason for nurses in high demand is this. More nurses needed to take care of patients, but not enough people in the profession.

    Congress cut down the VISA numbers after the dotcom bust to 65,000 from the height of 195,000.

    As for the salary stagnation, outsourcing is definitely one of the reasons. Big companies outsource their work to a cheaper place, and because of their presence in that country, offset offshoring costs against local revenue in that place, there by reduce the tax exposure in USA. This is a double advantage for them. Hence more inclination for outsourcing.





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  • sk2006
    06-23 10:58 PM
    Also the condos in cupertino & townhomes are like 3 storied, you spend a lot of life on staircase instead of enjoying the comfort.


    LOL.
    :D:D

    A realtor showed me a 3 story town house. It looked like 'Kutub-Minar'.
    When I pondered that it would be hard for my aged parents to manage so many stairs every day, the realtor suggested me to have an elevator in side the house.. and she was serious.





    sanju
    12-30 01:20 AM
    I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
    Thats the vicious cycle.

    Your point is understood and well taken, however, the only difference is, Pakistan is already committed and entirely focused in their attempts to destabilize India. The way Pakistan behaves, it seems that their sole purpose is to destabilize India. Pakistan have carried such activities since 1947, the more so after 1971. On the other hand, India is not committed to destabilize Pakistan, not yet. Which is ok, because Pakistan has enough percentage of its committed population doing a good job in destabilizing Pakistan. India is not yet spending its resources, and we all want India to spend substantial budget, say over $50 billion an year, to destabilize & disintegrate Pakistan. India is not directly involved in any destabilization of Pakistan, and the news on Geo TV and other bull shit channels are all pure lies. But those news will be ok once Indian government gets directly involved in the counter offensive.


    .





    mpadapa
    09-26 11:07 AM
    Sen. Obama's proposals to invest heavily in alternative energy will spur a lot of innovation and high-skilled immigrants can be a great part of that initiative. I would rather see piece meal approach like recapture, STEM, etc rather than the CIR, but will Sen Durbin let it happen?? If CIR 2007 is brought back then EB backlogs will further increase, remember the back logs created by the 245i applicants (in 2000) we are still recovering from that. High-skilled immigrants can only be benefited by bills like recapture, STEM, country quota removal, etc.



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