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  • SunnySurya
    08-05 01:45 PM
    Why, what is difference? Why was labor substitution bad. It was perfectly legal after all.
    You can't generalize everything. Do you care to show how this is as bad as labor substitution ?


    How about comparing the actual job duties of all EB2s and EB3s . Not just what their lawyer says ?





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  • amoljak
    08-11 09:23 AM
    I agree with yabadaba. We should also send feedback to CNN about the lies Lou Dobbs is perpetuating on national TV.

    Go here http://www.cnn.com/feedback/forms/form4.html?7 to give feedback about Lou Dobbs.

    This is what I wrote:
    Hello,

    In the Lou Dobbs Tonight, which aired on Aired August 10, 2006 - 18:00 ET, Lou had John Miano from the programmer's guild on his show. John Milano claimed that he did not get the information about H1B visas from the government. Lou did not question his claim nor did he make any efforts to validate his claims. The information he was looking for is available here: http://www.flcdatacenter.com/CaseH1B.aspx

    The programmer's guild knows about this source, as they have used it selectively at other times to further their agenda. So this part of the program was a clear lie.

    The other guest (Michael Maxwell) asserted that H1B program is "being gamed by both terrorists and foreign agents". He did not present any evidence for that and neither did Lou Dobbs ask for any. I am in the US on an H1B visa, and these comments were totally offensive to me.

    It is sad to see that CNN is letting unsubstantiated claims and lies to be perpetuated on a prime time "news" show. May be the show should be called "Lou Dobbs' Mudslinging Tonight"


    Please try to use your own language, otherwise they will ignore the emails as form letters, but try to cover all the points. Later I think we should contact other News outlets and point out the incompetence





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  • Macaca
    07-08 10:48 AM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    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).

    I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?





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  • jkays94
    04-18 07:24 PM
    I don't believe votes such as this are scientific. Also only people who like the opinion given by him watches the show, so everyone knows it will be biased.

    Anyway I did vote NO.

    Last week Lou (who is a Harvard Economics graduate) said he was sending one of his poll results to the WH. Very unfortunate for a non-scientific poll. The other thing is that often a lot of people in decision making capacity ie some congressmen and senators watch Lou Dobbs and are often misled which is why it is key that groups like IV tell the true side of the story. Right now Lou has an anti-H1-B agenda and has been trying to lump H1-Bs as a bad thing for America.



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  • nojoke
    04-08 12:03 PM
    People reading these posts are not cogs. They know that its one person's view. Whatever its worth.

    My post should be read with a context. Its always within a Location. RE is always about location(Core SF Bay Area). Go ahead and plot the interest rate with home prices for the last 20 years and you will see the underlying evidence or argument. AND my analysis is localized to SF Bay Area. Its NOT for Loudon County or Miami Dade County or anywhere else. In my analysis of the demographics of this area, thats what I believe in.

    So whats your recommendation on the subject of this thread? Watch more closely till you reach the bottom? Well you will never know that bottom. Yes, I might be off the bottom price by another 5-10% but with a lock in interest rate of around 5.5-6% thats a deal. Everyone is in a different phase of their life, ppl need to map out their 5-10 year outlook and make a decision. Thats easier said than done.

    WS expects prime to hit lowest this Christmas. To be able to grab that lowest rate I need to start looking now and lock in my rate. Most Financial institutions offer ability to adjust rates once.

    My biggest concern is Inflation/Stagflation and I will do everything I can to protect my assets against that. Thats my view and others should view that just like any other info they get on the web.

    You are off by 5-10%? :D. You are talking as though the prices will jump right back up after reaching bottom and the next day after you wake up from the bed. This is housing. When it reaches bottom, it will drag on for years sideways.
    Like I said, first you guys say it won't happen in California. When things unfold, you changed to "it will not happen in bay area". Now you started "inside core bay area". Pick your core area and I will show you how many foreclosures are there. And it is just starting. More is yet to come. KB homes has cut prices in "core area" last year alone by 150K. This is new homes. Last year at this time when we visited them they said "we have just one piece left and hurry up". That "last piece"(They obviously are lying) is still in their inventory even after 150K reduction.:D Give some more time to play out its course..
    I would rather buy low price house at high rates than low rates and at higher price. I can sell my house anytime I want. If you buy house at peak, you will not have equity when the price falls and you get holding the bag.





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  • lfwf
    08-05 06:49 PM
    I think it is all subjective. You ask “Do years spent doing MS/Phd have no value?”. A person who has 5+ years experience will ask “Do years spent working have no value?”.

    Just think of a scenario where a person who right after finishing a degree gets into masters because he had money and another decides to work for whatever reason (he could not afford could be one reason), The former finishes his MS and applies GC right away, how can the latter person who waits for an extra three years and apply get ahead of the former?.

    Now you might say “ No dude, I did not have money, I worked for 2 years and then got into MS”, like I said it is all subjective. You pick a case that augurs well for your argument and I chose a scenario to counter yours.

    I think it is fair to equate 5 years of work experience (remember, to qualify for EB2 you need to have PROGRESSIVE work experience, you need to show some progress/advancement in that 5 years) with 2+ years of MS. I had more than 5 years of experience and I applied in EB2 and now I am doing my masters. Will I withdraw my GC application and wait to apply after I do my masters?. Hell no.



    I believe you missed the entire point.
    YES the people with work expereince can ask that question- and in fact they ARE getting the benefit of those years.
    Now, answer the question- why are the years spent in MS/PhD not getting any credit?
    Whether you have money or not is irrelevant nonsense. This is like complaining that you are married so cannot have a girlfriend- that is your problem pal. Make your own choices, don't blame others for them. What does it have to do with immigration lines?

    I'll answer for you since you refuse to be objective.

    The benefit of doing an advanced degree was placed in law as the ability to get a job in a higher preference category. That takes care of the lost years in getting a PD. When a person in EB3 becomes eligible for EB2, that's great, he/she gets to reapply and move to EB2 and take the benefit of the improved GC cut off dates. At this point if this person ALSO ports an old PD based on the years of work, which others in the EB2 category cannot use (they were training) it becomes a disproportionate advantage.

    If you and I both came in 2000, and I did a PhD and you worked..(this is not that far from my story- so it's not completely fictional), your PD might be 2002 and mine may be 2007. Now you are as close to current in EB3 as I am in EB2. Now if you jump to EB2 without porting), you would be 2008 (or even 2006) and given faster movement in EB2 you benefit. If you jump with porting, I'm totally screwed. You are way ahead of me simply because I chose to get the degree. Does it begin to make any sense? You are asking for the ability to get a GC because you have waited "x years". So HAVE I!!!!
    Except that my PD does not reflect it like yours. If you still insist you have first right...well that's your opinion.


    I'm posting this mainly to frame the debate properly. All I hear from most people is innuendo and accusation. Everyone but the poster is a fraud, while the poor EB3 poster is genuine and cheated. What rubbish! There is some basis for angst over porting dates, just as there is basis for angst over people being stuck in EB3 because their employers chose it that way.



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  • nogc_noproblem
    08-05 12:49 PM
    I was recently riding with a friend of mine.
    We were coming to a red light, and he shoots right through it. I ask him, "Why'd you do that?" He tells me this is how his brother drives.

    We come to another red light, and again, he shoots right through it. I ask him, "Why'd you do that?" Again, he tells me this is how his brother drives.

    We come to a green light, and he SLAMS on the brakes. My heart nearly goes into my throat. I shouted at him, "Why'd You Do That?!"

    He replied, "You never know, my brother could be coming the other way."





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  • JunRN
    06-07 02:07 PM
    JunRN, it all depends on how much risk are you willing to take in what area. Equity is generally believed or historically trended to provide 10% returns over 10 years span (multiple market cycles). Where as dwelling as an investment provides a marginal 3 to 5% depending on location in a normal growth rate (Exception to Bubble). Equity market has nose dived as did housing market and people consider it too risky to invest at this stage in equity due to uncertinities (lot of companies may not make it through though times or No. PC companies which has become QPC -filed for chapter11 protection has increased) even though it doesn't involve huge amounts as housing at per unit basis. For investers, same applies for dwelling investment as well at a higher scale. More Chapter 11->more job losses->more houses on foreclosure.

    Just to counter your argument, Let me tell you one scenario, When stock market went down, I invested in shares some time back in February 09, as of today, If I look at the individual investment, it stands at 60% increased. But I do not think that it will provide me a 60% returns.. over 10 years... I expect only 10% and may increase to 15% in the long run which is a ball park number.

    Lot of sellers/brokers referred Zillow during 2006 and early 2007 (Bubble) to sell their houses at an inflated prices as I mentioned earlier, when it went up 20000 per month for several months.. Based on these numbers..people streached themself and jumped to grab one before it goes beyond their reach thinking that it will continue to go up.. Now, the houses values under water and they are whining about it every day and night.. some of their home values evapourated by 30 to 40%. (I am talking about 100,000 to 150,000 south). Zillow goes up and down.. in short term depending on historic sales and builder's listing price changes, not based on any economic outlook. Every agent wears two hats and is two-faced, because a home�s �value� has to be higher when represent a seller and lower when represent a buyer. The Zillow range of value represents best hope for buyer at the low end of the range, and highest for seller at the high end of that range.

    Here's what they say about it in disclaimer "The Zestimate is not an appraisal and you won't be able to use it in place of an appraisal, though you can certainly share it with real estate professionals. It is a computer-generated estimate of the worth of a house today, given the data we have available. Zillow.com does not offer the Zestimate as the basis of any specific real-estate-related financial transaction. Our data sources may be incomplete or incorrect; also, we have not physically inspected a specific home."

    My point is, Unless the correction happens in housing market, which is widely believed to be another 10 to 12% further south from where it stands now.. there is always a risk in buying one thinking that its going to appreciate in next 10 years. Remember though the demand cycles for realty market is lenghty ones which will rise once in 10 to 15 years but this does not mean that there's going to be another bubble again to hike it up by 100 and 200% :). It may rise as historically did to provide a 3 to 4% returns. This is regardless of location... location.. location.. First, It will take time to stabilize the market just because there's too much supply, affordiability issue and aging population.

    Buy or not, depends on whether and how much you are willing and open to take risk. Higher the risk, higher the returns.. doesn't mean it applies to stupid decisions... One thing I wanted to mention though, we have utilization value for living in a house, bigger than an apartment, again its an individual perspective.

    I have not entered into the discussion of the intrinsic/utilization value of owning a home specially with 3 small kids like mine because it's hard to put a $$ value without being biased.

    The 10 to 12% down south estimate might be true on the average. However, from where I stand now, in my county not just my zip code, house prices started to go up by 0.8% since January. It might still go down as I see fluctuations but I feel that it's stabilizing already.

    Could I have waited until home prices go down another 10%? Probably a wiser decision but as I monitor home purchase price of same model as mine in same community, not one was able to buy same model home as low as my purchase price. So I felt relieved.

    But only time can tell, right? All I'm doing right now is to satisfy myself that I made a right decision. Should I find out that it's a mistake, I should be truthful to myself that I did. There's no reason to lie to my ownself.



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  • srkamath
    07-13 04:32 PM
    Peace! That letter wasn't the final print; we could change it for better. That was just an initiative. Do not pick on others writing skills. English is after all not the language in which most of us think; we use our mother tongue instead and then do the translation!

    Please help if you can, nobody would deny an helping hand.

    I'm not picking on anybody's writing skills, sorry if it sounded so.......I was a little upset by the ".....crying like little babies...." remark by rajuram.

    My intent is to get someone to write a good letter that makes a compelling case for EB3 reform. No ranting, whining, pleading, no envy ......... just an eager, passionate appeal for broad reform.

    We are in an English Speaking nation - to succeed we must write and speak well in English - No EXCUSES. Good writing is an acquired skill.

    The letter will not be very effective it is misdirected - write to congress not DOS/DOL/DHS.

    EB3 members - please draft a passionate letter(s) express the pain (not frustration)....





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  • pitha
    02-21 11:33 AM
    This is so ridiculous. Lou Dobbs is self-righteous self serving idiot that�s was well known but why is CNN pimping him. Don�t they realize as Lou Dobbs is becoming a laughing stock so is CNN by pimping him. I was trying to write some comments on this joke written by Lou Dobbs but CNN does not provide a means to write your comments.



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  • Ramba
    01-29 10:06 PM
    Interesting to watch this video. How CNN and Lou is propagating false information and not airing how H1B system works. They think viewers are idiot. It may be true that USCIS might have approved more than mandated numbers. It does not matter. Even they can approve 1 million H1B petition. But everyone has forget one thing. One must verify how many actual new H1B visas are issued by the consulates (DOS) based on approved petitions and how many adjusted to H1B status from other non-immigration status in US. There are so many H1B visas denied by the consulates. CNN do not air that.

    Furthermore, there are so many cases in which more than 1 employer might have applied H1B visa for same person. It is legal. Finally the guy come to US thro one employer. Other approved petions are wasted in this case. They can not do labor subsitution in H1B like in GC.

    CNN is smartly hiding the actual facts.





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  • unitednations
    03-26 02:29 AM
    (:this is all true regarding Immigration Services calling then)
    Hey guys I also got a call from Immigration Services today on March 25 2009 .
    this is what happened
    First he started confiming he was talking to the right person
    And told My g-28 hasn't been properly signed and completed.
    Caller didn't ask me for my personal i nformation
    he confirmed my name, dob ,my last entry . address, wifes name address dob
    my parents name , my in laws name. He even told g28 it was signed by my HR manager.
    He had all the information, he didn't ask for any personal information.
    He asked if there was any other names used.
    He joked about me not smiling on the picture, he confirmed when the finger prints were completed
    After about 10 minutes of conversation he congratualed me on the approval and my wifes approval said the card should be mailed from kentucky with a week and even mentioned that USCIS online system isn't working.

    I am taking infopass tommorrow and confirming and if true I am going have it stamped

    I hope this is all true.

    The odd time uscis does make a phone call to you. The questions they ask are typically what you were asked. Just verifying the information on your forms.

    Yours is typical if a person gets phone call.

    Original poster questions/requests was not normal.



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  • EB3IFiasco
    08-05 10:41 PM
    We'll have to just make sure we file an amicus on behalf of the USCIS if a case like this goes forward...





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  • JEESEE
    04-01 03:20 PM
    My wife got same RFE asking for her medicals to be done as we couldnt do it at the time of 485 Filing. My Wife was expecting when we went for the Medical so the Doctor didnt give her the vaccines. our PD is Oct 2006.

    Some thing must be happening at USCIS side. Good.....OR.....Bad!!!! You decide.



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  • chanduv23
    03-24 04:30 PM
    You would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.

    Not sure if this is authentic - but I have heard that h1b petitions with cap exempt organizations are also running into issues.

    If anyone is really having issues - you may back up my post.





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  • chanduv23
    04-13 01:40 PM
    It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.

    There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.

    From what I understand, employers ready to pay all these benefits if employee decides to be salaried, but will not give employee control over the billing.

    In my case, I never take per diem, but I do find projects on my own and control over how much I must get and employer adjusts payroll accordingly because I marketed myself and also work hard at the client and get projects extended due to performance which benefits the employer, I also help employer with inhouse work. My wife has excellent benefits covered so I don't bother to take any benefits from my employer other than the money.

    Anyone can be paid a fixed consulting fee, just not h1b. You can find US citizens working for hourly pay because they don't need benefits as they may get through spouse.

    As long as you declare income and pay taxes, this is not a grey area.

    Once again, anti immigrants can make this also an issue as for them everything with H1b seems to be an issue.



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  • pthoko
    07-10 10:07 PM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)


    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.



    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??

    ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!

    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??




    Thanks.





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  • diptam
    08-05 11:13 AM
    By now , we know very well who you are !! Because you ran away when peoples asked you real questions.

    To answer your question same company can have EB2 as well as EB3 jobs and same person can be eligible for both Eb2 and Eb3 - that's why there is nothing illegitimate in porting/interfiling. Now a good % of folks port/interfile from a different company and according to your post that is not lawsuit material - right ?

    Remember i'm planning to port to EB2 from Eb3 using a different company - according to you that's allowed ! Remember still EB2 quota will get exhausted .....

    As per as your foul language complaint - please tune onto Talk radio and catch up with Rush Limbaugh or Michael Savage - I'm sure your benchmark about 'Foul Language' will quickly change Sir !

    Good bye !



    Show me where it says in the law that a "person's eligibility decides EB1/2/3"? Your job demands an EB3 and no higher, thus your company filed an EB3.

    If you think you should be EB2 instead, then find another job or another company. What do you not understand?

    And please refrain from using foul language, this is my first, and final, request to you, sir. I am not anti-immigrant, just anti-porting and anti-interfiling.





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  • ghost
    07-15 01:29 PM
    Every forum has its set of jokers like loveh1b. They live in their own well and think it is the world. Thats how these generalizations come.

    Don't be so harsh on people like "loveh1b". We need to educate them with the actual situation, not scare them away with such statements.

    Hopefully, loveh1b will gain from our perspectives and change his attitude towards the US legal immigration system. Not to mention, s/he can educate other people on how things work in a global economy.





    guchi472000
    03-24 01:50 PM
    Yesterday i got the mail from USCIS stating below. "My PD Dec 2006, INDIA, EB2 (I GOT MARRIED AFTER I APPLIED FOR I 485, SO MY WIFE IS NOT YET IN APPLICATION. I AM WAITING FOR DATES TO GET CURRENT FOR ME SO I CAN ADD HER INTO MY APPLICATION"

    I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!



    Request for Evidence



    The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.

    Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.

    You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.

    Officer # 11**





    gapala
    06-08 09:42 AM
    It is very nice discussion.

    I am in process of buying forclosure home in SUWANEE ( Atlanata) area. I based on my survey and research feel that I am getting good deal(175 K price for 2800 sqft, 2004).by th


    Are you new to Atlanta area?



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