Thursday, July 7, 2011

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  • NeverEndingH1
    12-17 04:05 PM
    . . . But you are blinded so much with hate. The '485 Approved' thread was started on 12-10-2008. My handle was not created on that day!

    I was reading posts on 485 Approved what Marphad mentioned. I saw that it was actually you who created new IV handle that day.





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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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  • axp817
    03-25 12:07 PM
    UN,
    Every point you make about the USCIS exercising extreme scrutiny for consulting/staffing company H-1Bs makes sense to me.

    Which probably means that we can expect to see almost zero approvals this year for H-1B applications filed by small consulting companies (I had to add 'small' so as to not include the big 5 types in this group), would you agree?

    And I assume the same applies to H-1B renewals as well.

    That being said, do you think AC-21 job switches (on EAD) to small(er) consulting companies will also be dealt with the same type of scrutiny (as H-1Bs)?

    Thanks,





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  • like_watching_paint_dry
    07-16 10:10 AM
    Don't yell at me. I agree with most of you guys. I am also a masters degree holder from a US university and waiting for my GC and I think the body shops created most of the bad reputations for the h1-bs. Even though some of you say it is a small percentage, I disagree. If we also push for some h1-b reform, may be we can get what we want. Usually a bill develop as a package.

    Some one asked for the name of a body shop. I could provide that if you think there will be some action against them.

    If you go to anti-H1-b sites, They are displaying things like, Advertisements listing H1-b available for a number of US cities. These are ads taken from body shops. The anti-h1-b sites use this as a propaganda. I think it hurts all of us. :D

    If you hold an advanced degree from a good school in the US, then you are usually one of the most sought after professionals in this country. If you think you are not among the best and the brightest and you deserved to end up in a hole like the one you are talking about, the least you still do is keep your self respect and abide by the laws.

    You can definitely help by initiating action against the offending body-shop guy. DOL/CIS have stepped up enforcement and are going after such violators. It is not legal to "bench" an employee and not pay the offered wages or pay below the prevailing wage specified in the Labor Condition Application form filed by your employer. I'm not sure but I've probably read that asking the employee to pay the immigration processing costs is not legal either.

    DOL/CIS has forms for reporting these kind of violators. If you do not do this, that same body shop will do the exact same thing to the next person tomorrow. And that next guy could be your younger brother or sister.

    You can use these forms and file a complaint:

    http://www.dol.gov/esa/forms/whd/WH-4.pdf

    http://www.usdoj.gov/crt/osc/htm/charge.htm



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  • rbharol
    11-14 09:39 PM
    If he keeps doing this, soon people will know what he is up to and will stop taking him seriously....





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  • alisa
    12-26 11:45 PM
    Well, remove the threat by telling Clearly and unmistakably that use of nuclear weapon by Pakistan would invite catastrophic counter attack.
    Don't you think Pakistan already knows that?


    Otherwise what happens...Pak would keep taunting that " Hey, remember we have nukes...wanna pick a fight with us?" and keep doing what they are doing.

    Do you mean to say that the state and the government of Pakistan did this?



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  • unitednations
    08-08 04:26 PM
    UN,

    Glad to see you back in the forums!

    Do you have any idea why attorneys strongly discourage their clients to travel after filing 485 but before receiving the receipt notices?

    If you have a H/L visa it may not problem to re-enter US with your visa, but will it affect the 485 filing if you did not have the receipt notice when you traveled outside?

    I had posted before. They don't know exactly when they are going to send out the case. They may have told you they sent it and then you go and they actually send it later and you were not in usa when uscis received it.

    package gets returned due to missing signatures, initial evidence, etc. and they need you to be here to file it again.

    Leaving after August 17th if you have a valid h or L visa you are safe even without the receipt notices.





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  • mbawa2574
    01-09 12:35 PM
    If a Muslim attacks you and if you cry, then YOU are a problem maker. You will be considered to be anti-muslim. This has been going on in many countries including India/pretty much all Western countries etc. Our admins are also following the same strategy. Buddy, please get used it.

    They are defending their territory from rocket attacks by so called Palestine freedom fighters a.k.a terrorists. Israel gave them enough notice before kicking off these raids. Islamic Fantics drive UN of today and they become victims after killing non-muslims.

    India should have done this with Pakistan after 26/11 but we failed the opportunity. India should buy into nuclear missile defense system and start planning this type of air raids to take pakis to stoneage.

    Go Israel Go !!!!!



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  • axp817
    03-25 12:17 PM
    Oh, and I think I should elaborate just a little more.

    I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.

    Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.

    My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.

    Thanks again,





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  • Refugee_New
    01-07 09:30 AM
    But why just Israel? Jordan and Egypt also got the slice of the pie. Why not fire rocket at them? Blame Israel just because it's the only non-muslim country in the region so they should pay?

    Secondly, Hamas is this powerful today just because people of Palestian allowed them, supported them, elected them now why shy from facing the fallout?

    It's sad and unfortunate that people are dying but they are dying because of their bad choices not Israel's so called "aggression".

    Its because they are the one that occupies others land and murdering innocent civilians brutally under the guise of self defence.



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  • Bpositive
    01-06 04:06 PM
    children being killed is sad beyond belief...i can't even imagine the pain of their parents! however, it isn't it hamas' position that israel doesn't have the right to exist? when will the madness end?

    btw i am not religious at all. i believe organized religion is a method of oppression and creation of unthinking clones. but i sure as hell don't want to die for being a non-believer! in my mind the only solution is to live a good life - "and it doesn't need someone to tell you what good is" - and protect and cherish the country/community that nurtures you.





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  • unitednations
    07-08 06:10 PM
    Thanks!

    The outstanding questions, i guess, are:

    They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?

    ---------------------this is an age old problem for uscis. If when a case is filed and they allocate a visa to it; then there would be a massive amount of visas that would go unused. A 2006 visa number cannot spill over to 2007 because the carryover effect is not available. If a person is stuck in name check, didn't get fingerprints; case got denied and is in appeal then that visa would be lost forever if it didn't get approved by the end of the fiscal year; and someone else wouldn't be able to file. You would only have forward movement of visa dates until beginning of next fiscal year when they release visas and then they could move them back to let other people file who just got their labors approved or follow to join, etc.


    ---------------------the current administration is fond of re-defining many things in law; they have re-defined torture; geneva conventions; bill of rights; even though those laws have not changed.

    ----------------------now they are re-defining the visa bulletin. Look back at June 2005; when eb3 visas went unavailable for july; they still allowed people to file until end of june. When October 2005 visa bulletin came out and eb2 india went back to 1998 they had used up all the visas by september but still allowed filing. When eb2 india went unavailable in August 2006 they still allowed people to file in July 2006.

    ----------------------therefore, the law hasn't changed but they have re-defined it. I haven't met anyone yet who actually had their case approved on the week-end. Just knowing systems the way I know them; they probably aren't allowed to do transactions on week-ends or holidays. Therefore, whatever happens on the week-end could have happened on the friday or the following monday. It will be interesting to see how many people actually get their greencard and it says "permanent reident since.... June 29, 30 or July 1".

    ----------------------the stakes were big enough for uscis that they were willing to re-define how they look at things. Hundreds of millions or billions of dollars would have been a big enough stake for uscis/dos to re-define the relevant laws/regulations and long standing process. Interesting thing is how would things have changed if the actual fee strcture went into affect on July 2. Maybe uscis wouldn't have been so overzealous in approving cases at lightning speeds.



    One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....

    the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?

    i would be surprised if they went over the country cap- they have treated that as religion of late.


    ===============they definitely went over the country cap. EB1 ROW and EB2 row have never been retrogressed and eb3 row was retrogressed in June itself.


    the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?

    ===============I was surpirsed myself in the perm labor filings. There is actually a very high number of cases filed by ROW people. ROW people will always get preference. 2007 ROW priority date in eb3 would get preference over the 2,802 person from india even if that person's date is 2003.






    see answers within text.



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  • mirage
    01-07 01:38 PM
    Refugee,
    If you are talking about humanity than you should be concerned about the messacre of all the children accross all communities, why are you concerned about only muslim children, did you wake up when 1000's of Kashmiri Hindu children were messacred ? and if you are trying to tell us that muslim are peace loving and Israel is a war mongering nation, than please spare us. We don't have to look accross centuries of history of Islam to see how peace loving they have been, just pick up any day's newspaper and you can see where there is islam there is violence. India is suffering because of it's vote bank politics, they don't have will to deal with Terrorists, people in power are awarding terrorists, it's a failed country. India is trying to get somebody else to solve it's problem, that is why it's PM, foreign Minister etc. keeps prooving everyday that Mumbai blasts have Pakistan's hand, who cares ? who's asking for evidence ? Israel is a strong nation, it values it's citizens, it knows very well how to deal with terrorists..





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  • Macaca
    12-30 06:57 PM
    A Bridge to a Love for Democracy (http://www.nytimes.com/2010/12/30/us/30iht-letter30.html) By RICHARD BERNSTEIN | New York Times

    I write this, my last �Letter from America,� looking out my window at my snowy Brooklyn neighborhood. It�s midmorning Wednesday, three days after our Christmas weekend blizzard, and my street has yet to receive the benefit of a snowplow.

    Cars, as the prize-winning novelist Saul Bellow once put it, are impounded by the drifts. The city is still partly paralyzed, pleasantly, in a way. There�s nothing like a heavy snowfall to give one a bit of a respite, to turn the ordinary, like walking to the corner store, into a little adventure. And there�s the countrylike stillness of this city block filled with snow, absent the usual traffic.

    It seems a good moment, in other words, to pause and reflect. My thoughts turn to a very unsnowy moment in 1972 in a village called Lowu, which was the last village in the Crown Colony of Hong Kong just before the border with China. I was a graduate student in Chinese history and a stringer for The Washington Post going to the territory of Chairman Mao for the first time in my life.

    There was a short trestle bridge at Lowu. I�ve often wondered if it�s still there. The Union Jack flew at one side, the red flag of the People�s Republic of China at the other. The border town on the other side was a little fishing and farming village called Shenzhen, now a modern city of skyscrapers and shopping malls, an emblem of China�s amazing economic development.

    I was favorably disposed toward China as I strode across the bridge, ready to experience the radical egalitarianism of the Maoist revolution, which was generally viewed with favor among American graduate students specializing in China. I was a member of a group, moreover, that partook of a certain leftist orthodoxy. We had learned the �Internationale� so we could sing it for our revolutionary hosts. We were supposed to return to America and report the truth about China, which was, essentially, that it was the future and it worked.

    But it took only about 24 hours on that first journey to China for me utterly to change my mind and, indeed, to become a lifelong anti-Communist and devotee of liberal democracy, to find great wisdom in Winston Churchill�s dictum about its being the worst of all systems except for all the others.

    The noxious cult of personality around Mao was the first thing that effected my political transformation. But deeper than that was the pervasive odor of orthodoxy, the uniformity of it all, the mandatory pious declarations, which, if they were believed, were ridiculous, and, if they were forced, illustrated the terror of it all.

    Many of my American fellow travelers felt very differently about this. In my intense discomfort, I found myself in a sort of Menshevik minority, criticized by the majority for what I remember one person calling my �Darkness at Noon� mentality.

    Still, that discomfort, and the unwillingness of most of the others to experience it, has informed my work as a journalist ever since. I have to admit it: When I went to China as a correspondent for Time magazine seven years after that first trip, my impulse was not so much to look with fresh and impartial eyes on a country that had just opened up to a degree of foreign inspection as it was to expose what I felt many Americans were missing in those rhapsodic days. Namely, that the country under Mao and after belonged to the 20th-century totalitarian mainstream � that it was a poverty-stricken police state and not a viable alternative to Western ways.

    There was a degree of bias in this view, and it led me into some mistakes. On China, in particular, I was perhaps focused too single-mindedly on its totalitarian elements so that I underplayed other elements, notably the speed of change in China, and perhaps even the unsuitableness of many Western democratic ways for a country so essentially backward.

    And perhaps, too, I extrapolated a bit too much from the China experience when it came to other places and other times. When I covered academic life in the United States, for example, I tended to see vicious Maoist Red Guards in the phenomenon of what came to be called political correctness, and, while I don�t think this was entirely wrong, it was an exaggeration.

    And yet, it seems appropriate in this final column to say, as well, that my nearly 40 years in the journalism game haven�t shaken me from the essential belief that formed during that first, memorable visit to China.

    Ever since, despite all our infuriating faults, our wastefulness, our occasional self-satisfied sluggishness, our proneness to demagogy and other forms of anti-intellectualism, our crumbling infrastructure, the Fox News channel, the cult of Sarah Palin, the narcissistic self-indulgence of our urban elites, the detention center in Guant�namo Bay and our crisis-creating greed and shortsightedness � despite all that � I continue to believe that, not to put too fine a point on it, we�re better than they are.

    This doesn�t mean that I think we�re perfect, or that our impulse toward a kind of benevolent imperialism has always had benevolent results. But I have stuck for 40 years to a belief that, yes, our ways are superior � and by our ways I mean such things often taken for granted as a free press, strong civil institutions, an independent judiciary and, perhaps above all, the belief that the powers of the state need to be restrained, and that the institutions of government exist to serve the individual, not the other way around.

    The essential difference with China, even the much-changed China of today, and most of the other non-Western political cultures, is the absence of this sense of restraint, and the primacy of the collective over the individual.

    That�s the idea that I was actually groping toward when I crossed the bridge at Lowu. It�s the idea that I want to end with here on this snowy day in New York in my final sentence on this page. Goodbye.



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  • krishna
    02-21 12:45 PM
    Lou dobbs, Pat Buchanan and people of that kind are full of vanity. It is wise to tune out such guys and make sure that they do not affect policy decisions in congress. I dont think policy makers care for his rant on TV.





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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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  • unitednations
    08-02 06:35 PM
    Welcome back and Thanks very much for your valuable suggestions.

    I have an important question for you and would request your suggestion:

    Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.

    Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.

    What would be my best option to take decision?

    1. Should I :
    a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
    b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?

    2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?

    The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.

    What do you suggest to help both me and my employer?

    Thanks a lot for your valuabale suggestion and helping me out.


    Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.

    At the same time you can have h-1b.

    Both things allow you to stay here.

    Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.

    Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.

    You could try to convert the h-1b to part time or transfer to another company.

    I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.

    USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.





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  • nogc_noproblem
    08-05 02:29 PM
    A couple drove down a country road for several miles, not saying a word.

    An earlier discussion had led to an argument and neither of them wanted to concede their position. As they passed a barnyard of mules, goats, and pigs, the husband asked sarcastically, "Relatives of yours?"

    "Yep," the wife replied, "in-laws."





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  • gc28262
    03-24 07:30 PM
    There are two service centers that process h-1b's. California and vermont.

    Vermont was very, very easy in the past. Now; they want contract and purchase order with end client. If somehow you can get it then they want detailed duties to see if job requires a degree. it is difficult to get a purchase order/letter from end client let alone a detailed job description/duty. If you can't get one and they ask in an rfe; they are denying it.

    If you can get one; they are stating duties aren't specialized enough to determine job requires a degree OR they think the company is going to further outsource the candidate.

    California is along similar lines but they only deny if they think the contract/purchase order is from the middle man.

    Big problem is verrmont changed their expectations midstream. California has been pretty consistent the last few years and they haven't changed much in how they look at h-1b's.

    Isn't the employee-employer relationship between employee and the consulting company ?
    Why should USCIS get into the details of how the companies conduct their business ( like asking for client letters etc ) ?
    Is USCIS supposed to do this?





    NKR
    08-05 08:37 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?


    Were you aware of each and every rule in the immigration law book before you applied for GC?. Did you foresee this delay before you got into this mess?.

    Shouldn't you have been aware of this option of EB3 people converting to EB2 and accounted for that when you filed your GC?. Aren;t you blaming your hardship on EB3 people and getting mileage out of it?.





    Ramba
    08-05 03:35 PM
    Wow ! So you are saying that no one qualifies for EB2 after 2004 !

    I kindly disagree.


    I am not saying no one qualified. Most of the Eb3 jobs requirements were modified to EB2 to cut-short the EB3 line. Then, why every employer (particularly in IT) files EB2 LC, than EB3 after 2005? Why does DOL is autiting EB2 requirements for IT/Engineering jobs now?. Before 2004, even if employers requires MS+4 years or BS+8 years DOL approves the LC. Why they don't do now? It is just everyone wants to go for EB2, if they have that qualification.



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