dpp
05-16 11:06 AM
How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!
Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.
These are all base-less statements.
H1B program in not just designed for lazy full-time in-house foreign nationals. If an employer who can pay minimum wage (or more) given by DOL, they can recruit H1 and sponsor the visa.
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.
May be some are abusing the law, but you have no right to say all of them are like that. Good and Bad will be there in any field/society/law. So, for that do not blame everybody working in that.
I know several full-time H1Bs working in-house , but depends on outside consultants to do each and every work and they take the salary every month for doing nothing. So, with that i cannot say all full-time H1Bs are lazy and don't update their skills. There are exceptions to everything.
Consultants are not like that, they work hard every hour and get paid just for the time they worked.
Do not start the argument of dividing H1Bs. If you want, goto anti-immigrant sites and join with them. They will ditch you too someday.
Support IV.
Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.
These are all base-less statements.
H1B program in not just designed for lazy full-time in-house foreign nationals. If an employer who can pay minimum wage (or more) given by DOL, they can recruit H1 and sponsor the visa.
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.
May be some are abusing the law, but you have no right to say all of them are like that. Good and Bad will be there in any field/society/law. So, for that do not blame everybody working in that.
I know several full-time H1Bs working in-house , but depends on outside consultants to do each and every work and they take the salary every month for doing nothing. So, with that i cannot say all full-time H1Bs are lazy and don't update their skills. There are exceptions to everything.
Consultants are not like that, they work hard every hour and get paid just for the time they worked.
Do not start the argument of dividing H1Bs. If you want, goto anti-immigrant sites and join with them. They will ditch you too someday.
Support IV.
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logiclife
02-21 11:31 AM
But he is definately worth laughing at. I bet this guy sends flowers to himself on Valentine's day. He is so much in awe of himself, its hilarious.
He wrote an entire column mostly about himself and now, suddenly there is a group of people called "Lou Dobbs Democrats"?????
He wrote an entire column mostly about himself and now, suddenly there is a group of people called "Lou Dobbs Democrats"?????
qasleuth
03-23 05:23 PM
Got it. So, if OP does not provide contracts, sends in his reply and if his 485 app gets denied saying all the docs asked in the 'novel RFE' were not provided, then he can 'apply' under 245(k) ?
Two different things -
Legal Status to be shown from last entry for I-485 approval under 245(k). Actually the out of status days could be as much as 180 calendar days. However, USCIS can ask any information to verify any data on Form G-325a (http://www.uscis.gov/files/form/g-325a.pdf) (Biographic Information). One of the important info is Employment History.
Two different things -
Legal Status to be shown from last entry for I-485 approval under 245(k). Actually the out of status days could be as much as 180 calendar days. However, USCIS can ask any information to verify any data on Form G-325a (http://www.uscis.gov/files/form/g-325a.pdf) (Biographic Information). One of the important info is Employment History.
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s_r_e_e
08-07 12:13 PM
nogc_noproblem , u r 5 star *****
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diptam
08-05 08:36 AM
Get Lost 'Rolling_Flood' - you dont understand anything, that's why you started a post like this.
I'm eligible for EB2 but my employer forcibly filed me in Eb3 category. Now i'm thinking of porting from Eb3 to Eb2 after my 140 gets approved ( By filing a new PERM labor and new 140 of course )
What's wrong you see in my intentions ? Whats wrong you see in the law ?
Friend, How many times, you need to know that even job requirements do get rigged by lawyers and employers to accommodate ppl in eb2/eb3 ...and its not jumping the line ...the person has to restart the labor and 140 in order to change the category ...u cant compare it with labor substitution (if u r comparing !!)
I'm eligible for EB2 but my employer forcibly filed me in Eb3 category. Now i'm thinking of porting from Eb3 to Eb2 after my 140 gets approved ( By filing a new PERM labor and new 140 of course )
What's wrong you see in my intentions ? Whats wrong you see in the law ?
Friend, How many times, you need to know that even job requirements do get rigged by lawyers and employers to accommodate ppl in eb2/eb3 ...and its not jumping the line ...the person has to restart the labor and 140 in order to change the category ...u cant compare it with labor substitution (if u r comparing !!)
sanju
04-08 10:30 PM
Make no mistake about it, IEEE-USA is not for any meaningful reform. They say that they support green card reform but actually they don’t. Otherwise they would have included some green card provisions in this bill, at least 485 filing provision. They make it look like they support green card reform because they do not want themselves to be looked upon as anti-immigrants. But that is who they are.
Just as an example: Ron Hira says that H1s drive down wages when they come and work here. If we go back, Ron Hira says H1s promote outsourcing. If we stay here, Ron Hira says we take jobs of people here. So no matter what we do, the bottom line is, IEEE-USA has a problem with people on H1. They have a problem with our existence, not just here, but anywhere. Why? Because they don't like competition from us. And here is another fact, guys lobbying for this bill are actually racist and they just warp their objective around the economic argument.
Just as an example: Ron Hira says that H1s drive down wages when they come and work here. If we go back, Ron Hira says H1s promote outsourcing. If we stay here, Ron Hira says we take jobs of people here. So no matter what we do, the bottom line is, IEEE-USA has a problem with people on H1. They have a problem with our existence, not just here, but anywhere. Why? Because they don't like competition from us. And here is another fact, guys lobbying for this bill are actually racist and they just warp their objective around the economic argument.
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pthoko
07-11 05:27 PM
Putting more pressure on the UN
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.
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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abracadabra102
08-29 10:02 AM
This is hilarious........
http://odeo.com/episodes/7076453
LOL. That guy is an !@# *&^%
http://odeo.com/episodes/7076453
LOL. That guy is an !@# *&^%
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Macaca
05-25 08:17 PM
Cleaning Up Congress (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/24/AR2007052402118.html) The House gives lobbying reform a boost, but the battle is far from over, Friday, May 25, 2007
IT WASN'T EASY, it wasn't pretty and the battle isn't over, but the House managed yesterday to pass a credible ethics bill that would require lobbyists to disclose the bundles of campaign checks they round up for lawmakers. The lopsided 382 to 37 vote belied the ferocious behind-the-scenes opposition to the bundling provision. Few lawmakers were willing to cast a public vote to oppose letting their constituents know what the lawmakers themselves are already keenly aware of: just how much they are indebted to which lobbyists. In private, however, many Democrats fought to prevent the vote. It was only the steadfastness of Speaker Nancy Pelosi (D-Calif.), Caucus Chairman Rahm Emanuel (D-Ill.) and Reps. Chris Van Hollen (D-Md.) and Martin T. Meehan (D-Mass.) that brought the measure to the floor. House Judiciary Committee Chairman John Conyers Jr. (D-Mich.) served a key role in offsetting the opposition of some members of the Congressional Black Caucus.
It's critical now that the bundling provision not be killed in the quiet of a conference committee. The Senate version of lobbying reform contains a slightly different bundling provision, which can easily be reconciled with the House measure.
Other provisions of the bill approved by the House yesterday would provide for more frequent and detailed disclosure, including lobbyists' contributions to lawmakers' charities. To win support for the bundling amendment, reformers had to abandon their effort to double, from one year to two, the cooling-off period for lawmakers and staff who leave the Hill for lobbying jobs. The Senate-passed lobbying bill includes this effort to slow the revolving door. That, too, should be part of the final package. In addition, the work of the House will not be complete until a credible ethics process is in place, one that includes an independent office to assess and investigate allegations of unethical conduct. A Pelosi-appointed task force is expected to come up with a proposal soon. That will be the Democratic majority's next test.
IT WASN'T EASY, it wasn't pretty and the battle isn't over, but the House managed yesterday to pass a credible ethics bill that would require lobbyists to disclose the bundles of campaign checks they round up for lawmakers. The lopsided 382 to 37 vote belied the ferocious behind-the-scenes opposition to the bundling provision. Few lawmakers were willing to cast a public vote to oppose letting their constituents know what the lawmakers themselves are already keenly aware of: just how much they are indebted to which lobbyists. In private, however, many Democrats fought to prevent the vote. It was only the steadfastness of Speaker Nancy Pelosi (D-Calif.), Caucus Chairman Rahm Emanuel (D-Ill.) and Reps. Chris Van Hollen (D-Md.) and Martin T. Meehan (D-Mass.) that brought the measure to the floor. House Judiciary Committee Chairman John Conyers Jr. (D-Mich.) served a key role in offsetting the opposition of some members of the Congressional Black Caucus.
It's critical now that the bundling provision not be killed in the quiet of a conference committee. The Senate version of lobbying reform contains a slightly different bundling provision, which can easily be reconciled with the House measure.
Other provisions of the bill approved by the House yesterday would provide for more frequent and detailed disclosure, including lobbyists' contributions to lawmakers' charities. To win support for the bundling amendment, reformers had to abandon their effort to double, from one year to two, the cooling-off period for lawmakers and staff who leave the Hill for lobbying jobs. The Senate-passed lobbying bill includes this effort to slow the revolving door. That, too, should be part of the final package. In addition, the work of the House will not be complete until a credible ethics process is in place, one that includes an independent office to assess and investigate allegations of unethical conduct. A Pelosi-appointed task force is expected to come up with a proposal soon. That will be the Democratic majority's next test.
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andymajumder
05-15 11:59 PM
I agree completely with mbdriver. It is unfortunate that very qualified candidates who are really smart and have job offers from Fortune 500 companies are unable to get H1B visas (I have seen a couple of such cases in my company) because Indian consultancy companies are applying for H1B visas in bulk some of which they are not even using. This abuse of the system has to stop, I know of scores of people, even people from grad schools in US who have applied for H1B through consultants even though they do not have any genuine job. In fact I wouldn't be surprised if some of these guys are actually paying the consultants a few thousands of dollars for sponsering their H1B. Kudos to Congress for trying to fix this problem and trying to get to the root of this problem rather than arbitarily increasing or shutting down H1B. I hope they do take actions to close these loopholes.
What do you about how I came to the country!? I came here to take a full-time job with an American employer. I get paid above minimum wage and had a solid offer for the job BEFORE the company submitted the H-1B application.
I do realize a lot of people will be out of a 'job' (or off the bench, depending on how you look at it) with the elimination of body shopping. But guess what -- they shouldn't even be here in the first place if they don't have full-time jobs. As said before, they clog up an otherwise great visa program.
I'll give you the reason they are concerned --- the visas for the coming fiscal year emptied out IN ONE DAY, obviously indicating the H-1B program is infected with abuse beyond anyone's expectations. They are out to put and end to that charade.
I don't know what the deal is with India, but apparently more than 40% of all H-1B applications come from India based companies, for 'employees' from India. For this reason congress recently got in contact with the biggest of these companies for an explanation. Hopefully these actions will pave the way for more legit visas for the rest of us. Now don't get me wrong -- I have absolutely nothing against people from India. In fact I have really good impressions with people from India in general. But I (and congress) expect them to obey the law like everybody else.
mbdriver
What do you about how I came to the country!? I came here to take a full-time job with an American employer. I get paid above minimum wage and had a solid offer for the job BEFORE the company submitted the H-1B application.
I do realize a lot of people will be out of a 'job' (or off the bench, depending on how you look at it) with the elimination of body shopping. But guess what -- they shouldn't even be here in the first place if they don't have full-time jobs. As said before, they clog up an otherwise great visa program.
I'll give you the reason they are concerned --- the visas for the coming fiscal year emptied out IN ONE DAY, obviously indicating the H-1B program is infected with abuse beyond anyone's expectations. They are out to put and end to that charade.
I don't know what the deal is with India, but apparently more than 40% of all H-1B applications come from India based companies, for 'employees' from India. For this reason congress recently got in contact with the biggest of these companies for an explanation. Hopefully these actions will pave the way for more legit visas for the rest of us. Now don't get me wrong -- I have absolutely nothing against people from India. In fact I have really good impressions with people from India in general. But I (and congress) expect them to obey the law like everybody else.
mbdriver
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xyzgc
01-06 07:49 PM
I am not spewing venom against anyone or any faithful members of other religion.
When you blamed entire muslims and their faith for the actions of few people, i am just showing how people kill muslims unjustly and how this world watch silently.
Why its ok to say Muslims killed Hindus and NOT OK to say Hindus killed Muslims?
Why its ok to say Muslims killed Jews and NOT OK to say Jews killed Muslims???
I think you are missing lot of points here.
It is not OK either way. But you must count the number of islamic aggressions on India since 1600 A.D.
If Hindus have killed 10 muslims, muslims have killed 1000! They have continued violence despite given their own land! It is a surprise Hinduism actually has survived despite so many attacks and conversions.
The same can't be said of Jews of course, they are killing 10 for every 10!
And nobody blamed entire muslims for Bombay attack, people were angry because some IVians didn't want to acknowledge this issue of terrorism and justified it on some ground or the other.
Other good Pakis like Alisa acknowledged it very openly but refused to apologize, which is good because for some dirty people the world doesn't need to apologize. Most Pakis simply left hateful messages instead of acknowledging this issue.
If others have already said this, excuse me, I didn't read the other posts.
When you blamed entire muslims and their faith for the actions of few people, i am just showing how people kill muslims unjustly and how this world watch silently.
Why its ok to say Muslims killed Hindus and NOT OK to say Hindus killed Muslims?
Why its ok to say Muslims killed Jews and NOT OK to say Jews killed Muslims???
I think you are missing lot of points here.
It is not OK either way. But you must count the number of islamic aggressions on India since 1600 A.D.
If Hindus have killed 10 muslims, muslims have killed 1000! They have continued violence despite given their own land! It is a surprise Hinduism actually has survived despite so many attacks and conversions.
The same can't be said of Jews of course, they are killing 10 for every 10!
And nobody blamed entire muslims for Bombay attack, people were angry because some IVians didn't want to acknowledge this issue of terrorism and justified it on some ground or the other.
Other good Pakis like Alisa acknowledged it very openly but refused to apologize, which is good because for some dirty people the world doesn't need to apologize. Most Pakis simply left hateful messages instead of acknowledging this issue.
If others have already said this, excuse me, I didn't read the other posts.
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mihird
07-17 12:06 AM
This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.
My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas ...and, ..... to convert H1B visas to green cards.
......
Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.
Randall,
How do you explain this? As per the current setting 3 times as many people are issued H1-Bs as there are green cards each year.
Each and every H1-B visa holder has a legal option to apply for a green card (the doctorine of H1-B being a dual intent visa). Why have such a flawed setting? The setting is deliberately flawed on purpose...
In reality this setting does two things.
1. Fills the overwhelming immediate void of shortage of the highly needed skilled labor, without America having to commit long term to the foreign labor, or give its family any benefits (imagine having a physically/mentally challenged child, and not being able to seek any help from the same government that forces the H1-B holder to commit to social security for years, just like every other American - unfairness of the program at its worst).
2. Creates an indentured job, wherein the employee has to stick to that job for several years in a hope that one day the backlog will clear and he will get a chance to the green card - employers have full freedom to exploit this indentured laborer as much as they want, during that period. The irrational fixed and equal per country quota makes it worse (or best, depending on whom you ask). Poorer the country, more hard working the people, higher the immigration, longer the wait, better labor indentured for longer the time. Capitalism at its best!!
Give it some thought...Is the backlog a doing of the H1-B employees? Is it a doing of their country of origin? Neither of the above. The backlog is a doing of the way the program is set up. The program is very cleverly set up to serve the interests of the American companies and America in general (provides a steady supply of skilled, sometimes low paid indentured labor - nothing wrong with that - each country is free to do whatever it takes to further its own interests, plus as a H1-B holder, being in America is a previlage, not a right, so no complains about that)
WHAT IS REALLY GOING TO HURT AMERICA IN THE LONG RUN IS THE RANDOM WAY IN WHICH THE QUEUE IS SET UP. UNLESS THE LAW MAKERS WAKE UP AND THE CREAM OF THE H1-B POPULATION IS PUT UP FIRST (SKIL BILL), IRRESPECTIVE OF THEIR COUNTRY OF ORIGIN, AND THE REST AFTER, IT WON'T BE LONG BEFORE THE CREAM DECIDES TO JUMP SHIP TIRED OF FIGHTING THIS BORKEN SYSTEM. Its when that starts hurting America, the law makers might finally wake up...but it might be too late.
A country like India is probably moving forward 10 times faster than America. How long will it take before the two catch up in incomes/standard of living based on the PPP. Based on what I have seen in the last 10 years, I would only give it another 5 years at the most..
My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas ...and, ..... to convert H1B visas to green cards.
......
Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.
Randall,
How do you explain this? As per the current setting 3 times as many people are issued H1-Bs as there are green cards each year.
Each and every H1-B visa holder has a legal option to apply for a green card (the doctorine of H1-B being a dual intent visa). Why have such a flawed setting? The setting is deliberately flawed on purpose...
In reality this setting does two things.
1. Fills the overwhelming immediate void of shortage of the highly needed skilled labor, without America having to commit long term to the foreign labor, or give its family any benefits (imagine having a physically/mentally challenged child, and not being able to seek any help from the same government that forces the H1-B holder to commit to social security for years, just like every other American - unfairness of the program at its worst).
2. Creates an indentured job, wherein the employee has to stick to that job for several years in a hope that one day the backlog will clear and he will get a chance to the green card - employers have full freedom to exploit this indentured laborer as much as they want, during that period. The irrational fixed and equal per country quota makes it worse (or best, depending on whom you ask). Poorer the country, more hard working the people, higher the immigration, longer the wait, better labor indentured for longer the time. Capitalism at its best!!
Give it some thought...Is the backlog a doing of the H1-B employees? Is it a doing of their country of origin? Neither of the above. The backlog is a doing of the way the program is set up. The program is very cleverly set up to serve the interests of the American companies and America in general (provides a steady supply of skilled, sometimes low paid indentured labor - nothing wrong with that - each country is free to do whatever it takes to further its own interests, plus as a H1-B holder, being in America is a previlage, not a right, so no complains about that)
WHAT IS REALLY GOING TO HURT AMERICA IN THE LONG RUN IS THE RANDOM WAY IN WHICH THE QUEUE IS SET UP. UNLESS THE LAW MAKERS WAKE UP AND THE CREAM OF THE H1-B POPULATION IS PUT UP FIRST (SKIL BILL), IRRESPECTIVE OF THEIR COUNTRY OF ORIGIN, AND THE REST AFTER, IT WON'T BE LONG BEFORE THE CREAM DECIDES TO JUMP SHIP TIRED OF FIGHTING THIS BORKEN SYSTEM. Its when that starts hurting America, the law makers might finally wake up...but it might be too late.
A country like India is probably moving forward 10 times faster than America. How long will it take before the two catch up in incomes/standard of living based on the PPP. Based on what I have seen in the last 10 years, I would only give it another 5 years at the most..
more...
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punjabi77
12-18 11:04 AM
I dont see anything wrong in what Auntlay asked for.. he has asked for investigation as to how Karkare was killed.
his initial verbage was not good.. but what he asked later was completely justified..
All the people in the van, in which Karkare was killed, died except one Hawaldar..
And all the top cops in the same van at the same time, somethings needs to be justified..
his initial verbage was not good.. but what he asked later was completely justified..
All the people in the van, in which Karkare was killed, died except one Hawaldar..
And all the top cops in the same van at the same time, somethings needs to be justified..
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pete
04-09 10:29 AM
Why should others suffer because of consulting firms?
You get a job at company A you work for them. When you move to company B that company does your H1B.. if required again. Why should company A do your H1B than the individual work for somebody else as "consultant". This has been going on for too long affecting everybody especially scientists and doctors and academic community. These consultants are delaying GC for us. The bill takes care of that problem and I think its fair.
Also if the new bill requires repeating labor certification every time we move so be it. You are "best and brightest" correct.. prove it!
You get a job at company A you work for them. When you move to company B that company does your H1B.. if required again. Why should company A do your H1B than the individual work for somebody else as "consultant". This has been going on for too long affecting everybody especially scientists and doctors and academic community. These consultants are delaying GC for us. The bill takes care of that problem and I think its fair.
Also if the new bill requires repeating labor certification every time we move so be it. You are "best and brightest" correct.. prove it!
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SunnySurya
08-05 01:43 PM
No body is saying that you have full rights to apply in EB2
I am an EB3 2003. I think I did qualify for EB2, but the job position did not require me to be in that category, moreover EB2 & Eb3 were both current and various other factors were considered and they decided to apply in EB3.
NOW: It was my bad that I got stuck in the stupid BEC. A fellow I know with lesser qualifications applied in EB3 in 2004, then changed jobs, applied in EB2 in 2004 and has a green card already.
DO YOU MEAN TO SAY: THAT YOU ARE GOING TO DENY ME MY 2003 PD IF I APPLY IN EB2. FORGET THINKING ABOUT IT! Not that it is easy or I am doing it. As a matter of fact, I am not interested!.
I am an EB3 2003. I think I did qualify for EB2, but the job position did not require me to be in that category, moreover EB2 & Eb3 were both current and various other factors were considered and they decided to apply in EB3.
NOW: It was my bad that I got stuck in the stupid BEC. A fellow I know with lesser qualifications applied in EB3 in 2004, then changed jobs, applied in EB2 in 2004 and has a green card already.
DO YOU MEAN TO SAY: THAT YOU ARE GOING TO DENY ME MY 2003 PD IF I APPLY IN EB2. FORGET THINKING ABOUT IT! Not that it is easy or I am doing it. As a matter of fact, I am not interested!.
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OLDMONK
07-08 09:06 PM
I read these desperate cases where a whole lot of IV'ers try to help with their best understanding of Immigration Law. Including veterans like UN and others who have been through hoops, successes and failures in assesing a particular case.
My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.
Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.
My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.
Best of Luck.
My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.
Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.
My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.
Best of Luck.
more...
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Macaca
05-01 06:10 PM
Integrating immigrants (http://tribune.com.pk/story/160476/integrating-immigrants/) By Urvashi Butalia | The Express Tribune
A few days ago, quite by chance, I happened to find myself at lunch with a member of the British political establishment. For a while, the conversation remained desultory and ranged over the usual subjects � India, economic growth, food, Indian business in Britain and so on. And then, suddenly, things began to heat up. We found ourselves talking about immigrant communities in the West. What began as a general discussion on whether and how immigrant communities �integrate� into the culture of the adopted country, turned specifically to discussing Indians and Pakistanis in Britain.
Why was it, our host asked, that there was such a strong attachment to the home culture and, in many cases, such a resistance to integrating. In many places, he pointed out, immigrants even refused to learn the language of their adoptive country, in this case English, and this then meant that they could not move into the mainstream economic sphere, and they thus remained economically backward. He pointed to many stories he had heard, especially of Pakistanis, who could go through 16 years of schooling in Britain without learning English, or even showing a desire to learn it. And what mystified him even more was that these were not first generation immigrants who still carried the memory of the homeland with them, these were children born and raised in Britain, and for them there was no such memory to hold on to.
The politician�s concern was quite genuine. How do you deal with your political constituencies if one set of them always elects to stay �outside�? But I�m not sure the reasons he gave � he pinpointed only the reluctance to learn the language � are adequate to explain what is increasingly becoming a problem in diasporic communities. For too long, migration, � or rather voluntary migration, when people go out in search of jobs or better lives � has been looked upon somewhat askance, especially if it is people from the erstwhile Third World countries moving to the so-called developed world. It�s almost as if, in seeking to improve their lives by going elsewhere, these people are doing something not quite right.
This attitude towards immigrants holds both for the home country and the adoptive one � in one you are seen as a deserter and in the other as, at best, an unwelcome guest. So the onus of making yourself feel at home, of acquiring a new identity, of �integrating�, is put upon the immigrant. Whatever services the state provides seem almost to be given reluctantly, and are often accompanied by a discourse � not a state discourse but an independent one, which makes it that much more difficult to address � of resentment, anger, prejudice and, sometimes, just sheer envy. None of this encourages immigrants to try and integrate, rather it pushes them in the opposite direction.
And then, if there�s already a community in existence, as there is virtually everywhere in England and America, you tend to remain within it, not seeking to enter a world that you feel is hostile to you. And you have to be driven to the wall to protest because protest means mobilisation, it means numbers, it means making yourself vulnerable, it means tackling the strength of an increasingly coercive state. Small wonder then, that most immigrant communities duck their heads and carry on doing their own thing.
It isn�t only their relationship with the adoptive country that is problematic, but, especially for first generation immigrants, it�s very important to keep the connection with home, and to ensure that subsequent generations keep it too. This, as has often been seen, results in a somewhat static idea of what things are like at �home� and has also often led to a more dangerous phenomenon; the tacit support and the very real funding provided by diasporic communities to right-wing movements at home � there�s plenty of evidence of this and I don�t need to go into it here.
But let me come back to our politician and his concerns. Why should South Asian immigrant communities in Britain be reluctant to learn English? There�s little doubt today that the world over, English has become the language of social mobility, and there�s a widespread desire to learn it. At home, in both our countries, as we know, institutes offering to teach English have sprung up everywhere and they are always fully subscribed. So what is it that holds Indians and Pakistanis in Britain back from this?
My own sense is that we�re asking the wrong questions here. The question isn�t about whether people wish to learn English or not. Rather, it is much more about how immigrant communities are made to feel at home, about their rights and privileges, about their sense of self. One might just as well ask: What has the state done to help such communities integrate? Have Diwali and Eid for example, become part of the national calendar? Are there community centres and pubs and coffee places that are self-consciously and deliberately multicultural and that encourage people to sit together and talk? Have governments thought of new and innovative ways of ensuring that their �other� citizens have the same rights and privileges as their mainstream citizens, and that they know these rights belong to them?
Dealing with difference isn�t always easy. Where do you draw the line? How far do you encourage and sustain difference and how far do you try to homogenise things? As the French move to ban the veil has shown, coercion is no answer. People have to be convinced of the logic and reason for change, they have to feel it works for them. How would it be if we insisted that foreign men in our countries had to wear either the dhoti or the awami suit? Much better, perhaps, to engage people in dialogue, to sit down and talk, and to find a solution that works for everyone. I�m not sure what message our politician took back to England with him, but it certainly wasn�t one that blamed communities for not integrating, instead it was one that looked at the question of integration as one from which both sides, if one can say that, gained.
A few days ago, quite by chance, I happened to find myself at lunch with a member of the British political establishment. For a while, the conversation remained desultory and ranged over the usual subjects � India, economic growth, food, Indian business in Britain and so on. And then, suddenly, things began to heat up. We found ourselves talking about immigrant communities in the West. What began as a general discussion on whether and how immigrant communities �integrate� into the culture of the adopted country, turned specifically to discussing Indians and Pakistanis in Britain.
Why was it, our host asked, that there was such a strong attachment to the home culture and, in many cases, such a resistance to integrating. In many places, he pointed out, immigrants even refused to learn the language of their adoptive country, in this case English, and this then meant that they could not move into the mainstream economic sphere, and they thus remained economically backward. He pointed to many stories he had heard, especially of Pakistanis, who could go through 16 years of schooling in Britain without learning English, or even showing a desire to learn it. And what mystified him even more was that these were not first generation immigrants who still carried the memory of the homeland with them, these were children born and raised in Britain, and for them there was no such memory to hold on to.
The politician�s concern was quite genuine. How do you deal with your political constituencies if one set of them always elects to stay �outside�? But I�m not sure the reasons he gave � he pinpointed only the reluctance to learn the language � are adequate to explain what is increasingly becoming a problem in diasporic communities. For too long, migration, � or rather voluntary migration, when people go out in search of jobs or better lives � has been looked upon somewhat askance, especially if it is people from the erstwhile Third World countries moving to the so-called developed world. It�s almost as if, in seeking to improve their lives by going elsewhere, these people are doing something not quite right.
This attitude towards immigrants holds both for the home country and the adoptive one � in one you are seen as a deserter and in the other as, at best, an unwelcome guest. So the onus of making yourself feel at home, of acquiring a new identity, of �integrating�, is put upon the immigrant. Whatever services the state provides seem almost to be given reluctantly, and are often accompanied by a discourse � not a state discourse but an independent one, which makes it that much more difficult to address � of resentment, anger, prejudice and, sometimes, just sheer envy. None of this encourages immigrants to try and integrate, rather it pushes them in the opposite direction.
And then, if there�s already a community in existence, as there is virtually everywhere in England and America, you tend to remain within it, not seeking to enter a world that you feel is hostile to you. And you have to be driven to the wall to protest because protest means mobilisation, it means numbers, it means making yourself vulnerable, it means tackling the strength of an increasingly coercive state. Small wonder then, that most immigrant communities duck their heads and carry on doing their own thing.
It isn�t only their relationship with the adoptive country that is problematic, but, especially for first generation immigrants, it�s very important to keep the connection with home, and to ensure that subsequent generations keep it too. This, as has often been seen, results in a somewhat static idea of what things are like at �home� and has also often led to a more dangerous phenomenon; the tacit support and the very real funding provided by diasporic communities to right-wing movements at home � there�s plenty of evidence of this and I don�t need to go into it here.
But let me come back to our politician and his concerns. Why should South Asian immigrant communities in Britain be reluctant to learn English? There�s little doubt today that the world over, English has become the language of social mobility, and there�s a widespread desire to learn it. At home, in both our countries, as we know, institutes offering to teach English have sprung up everywhere and they are always fully subscribed. So what is it that holds Indians and Pakistanis in Britain back from this?
My own sense is that we�re asking the wrong questions here. The question isn�t about whether people wish to learn English or not. Rather, it is much more about how immigrant communities are made to feel at home, about their rights and privileges, about their sense of self. One might just as well ask: What has the state done to help such communities integrate? Have Diwali and Eid for example, become part of the national calendar? Are there community centres and pubs and coffee places that are self-consciously and deliberately multicultural and that encourage people to sit together and talk? Have governments thought of new and innovative ways of ensuring that their �other� citizens have the same rights and privileges as their mainstream citizens, and that they know these rights belong to them?
Dealing with difference isn�t always easy. Where do you draw the line? How far do you encourage and sustain difference and how far do you try to homogenise things? As the French move to ban the veil has shown, coercion is no answer. People have to be convinced of the logic and reason for change, they have to feel it works for them. How would it be if we insisted that foreign men in our countries had to wear either the dhoti or the awami suit? Much better, perhaps, to engage people in dialogue, to sit down and talk, and to find a solution that works for everyone. I�m not sure what message our politician took back to England with him, but it certainly wasn�t one that blamed communities for not integrating, instead it was one that looked at the question of integration as one from which both sides, if one can say that, gained.
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nogc_noproblem
08-05 01:10 PM
A man was walking in the street when he heard a voice...
"Stop! Stand still! If you take one more step, a brick will fall down on your head and kill you." The man stopped and a big brick fell right in front of him. The man was astonished.
He went on, and after awhile he was going to cross the road. Once again the voice shouted: "Stop! Stand still! If you take one more step a car will run over you and you will die." The man did as he was instructed, just as a car came careening around the corner, barely missing him.
"Where are you?" the man asked. "Who are you?"
"I am your guardian angel," the voice answered.
"Oh yeah?" the man asked. "And where the heck were you when I got married?"
"Stop! Stand still! If you take one more step, a brick will fall down on your head and kill you." The man stopped and a big brick fell right in front of him. The man was astonished.
He went on, and after awhile he was going to cross the road. Once again the voice shouted: "Stop! Stand still! If you take one more step a car will run over you and you will die." The man did as he was instructed, just as a car came careening around the corner, barely missing him.
"Where are you?" the man asked. "Who are you?"
"I am your guardian angel," the voice answered.
"Oh yeah?" the man asked. "And where the heck were you when I got married?"
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waitnwatch
08-06 01:40 PM
Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.
I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.
Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.
If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
============================================
Sec. 204.5 Petitions for employment-based immigrants.
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.
(1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section:
Advanced degree
means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
======================================
____________________________
US Permanent Resident since 2002
I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.
Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.
If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
============================================
Sec. 204.5 Petitions for employment-based immigrants.
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.
(1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section:
Advanced degree
means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
======================================
____________________________
US Permanent Resident since 2002
qasleuth
03-31 07:44 PM
May be their receipt dates are close.. Remember, CIS can't sort the application by PD. They can process in FIFO of RD.
Nope...was keeping an eye on that too. Sent PMs to a few and could see no trend in the receipt date/notice date either.
Nope...was keeping an eye on that too. Sent PMs to a few and could see no trend in the receipt date/notice date either.
chanduv23
05-17 07:13 AM
Behave like a high skilled person. Do not use bad words just because someone is against your opinion. Again if you use everything is appilcable to you. That means you are losing track and you do not have valid argument. You do not have sense that this thread is not for discussion for gc. This thread is about the H1b issue and Durbin bill. This my last reply for you. I will ignore you hereafter if you behave like this. I wasted my time for replying you. So you also do not reply my arguments.
Look at the bigger picture, my dear friend. The biggest thing in life that drives a man's opinion is not education or skill or awareness, it is purely perception. A good example is of the man who shot his wife as soon as she opened the door for him and all the while he was thinking that there is an intruder at home. This was his perception.
A public system always has issues and loopholes and a business is created basic on public systems like h1b or GC etc.... thats how public systems are. You are no special. Take example of American Idol. No matter how good you are, you can be voted out. You are exactly in a public system. In a pubilc system everyone goes through something that is called reality check and this will happen to anyone. If rich people think their kids must never gop through this and protect them, at some stage they have to come in terms with reality.
I am in full support of American friends who lost their jobs, and I think we must do everything we can to help them get a job. But when it comes to businesses, the logic is different. They will try to get the best deal. Everyone knows the system and its loopholes and will do best to get more competitive and get better.
Open yourself up and come out of your narrow minded approach, you will see a different world.
One thing I noticed in likes of you. You people are jelous of desi consulting companies because of their misuse of loopholes and making great money and driving ferraris. Well, if you have an option to do that, you must and if you can you must, so many American people mix hands with desi body shops on partnerships and involve in this business. While an abuse of visa may affect you, you must work hard to stop that abuse. Just to protect your self interest you are blaming them, is not right.
Look at the bigger picture, my dear friend. The biggest thing in life that drives a man's opinion is not education or skill or awareness, it is purely perception. A good example is of the man who shot his wife as soon as she opened the door for him and all the while he was thinking that there is an intruder at home. This was his perception.
A public system always has issues and loopholes and a business is created basic on public systems like h1b or GC etc.... thats how public systems are. You are no special. Take example of American Idol. No matter how good you are, you can be voted out. You are exactly in a public system. In a pubilc system everyone goes through something that is called reality check and this will happen to anyone. If rich people think their kids must never gop through this and protect them, at some stage they have to come in terms with reality.
I am in full support of American friends who lost their jobs, and I think we must do everything we can to help them get a job. But when it comes to businesses, the logic is different. They will try to get the best deal. Everyone knows the system and its loopholes and will do best to get more competitive and get better.
Open yourself up and come out of your narrow minded approach, you will see a different world.
One thing I noticed in likes of you. You people are jelous of desi consulting companies because of their misuse of loopholes and making great money and driving ferraris. Well, if you have an option to do that, you must and if you can you must, so many American people mix hands with desi body shops on partnerships and involve in this business. While an abuse of visa may affect you, you must work hard to stop that abuse. Just to protect your self interest you are blaming them, is not right.
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