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  • rvr_jcop
    03-26 07:21 PM
    The attachment upload fails for me as well but goddamn UN, you are unbelievable.

    1. Your knowledge of the specifics and technicalities and access to information is very impressive

    2. And you go out of your way to share it with others

    That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.

    Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?

    Thanks for bringing this up. I hear so many explanations related to the work location.

    The GC is always for future job and you never have to work at that location until you get the GC in hand. So while on H-1 if you are at a different location, but with the same employer, there shouldnt be any issue. But if you are not working for the GC filed employer and if you never have any intention to work for them and used AC-21 to different employer, then that becomes difficult to prove the 'intent to work' at the time of 140 filing.

    The question I heard someone asking, what if the employer filed for Labor in a state where they do not have office but list the client location as the location that you work upon GC approval. I am not sure if that is a possibility. Probably UN could weigh in on this one.





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  • sc3
    08-05 06:41 PM
    Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.

    First argument: "EB2 requires advanced degree"

    If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)

    Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.


    Second: It is not fair to allow EB3s to port.
    It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.

    Third (these are my own points)

    When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??


    The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.





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  • logiclife
    04-07 01:01 PM
    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.

    Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.

    What are you talking about?





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  • nojoke
    01-04 04:42 AM
    What is your experience with secret service and snipers? You seem to be so sure about that let's see your expertise on that.

    Regarding, that was not a war against terrorist in the beginning. Now it is.

    Pakistanis are good people too. Do not take an isolated attack in India conducted by terrorists as a generic approach please.

    You sounded that it was easy to do it and sounded like an expert. So prove me it is easy. Common sense tells me that it is difficult and suicidal for someone to infiltrate and shot.
    My point is- Iraq was not involved in the terror and now created terrorist because US invaded that country. So your example that invading Pakistan will result in the same is wrong. Pakistan already has terrorists.
    Yes, there are good pakistanis. But they are fed propaganda and hatred towards India. They are going to turn a blind eye when it comes to terrorism done against India. They will refuse to won up and give excuse. You can see this in this forum.



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  • venram
    03-22 04:54 PM
    Here is the key thing - now it is crystal clear that purchasing a house cannot be a short term investment. If you plan to buy a house, you should plan on staying in (or retaining it by way of renting) the house for at least 5 years. I feel, that should drive the decision of your buying the house or not. Visa status is just a very small factor in this decision. If you are not very confident of keeping your visa status valid until you get a green card, then quit the idea of buying the house for now.

    I would think even if one has a green card in hand and cannot be sure of being in one place for at least 3-5 years, then quit thinking of buying a house until you secure yourself in one place for that kind of a term.


    my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.





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  • gc_in_30_yrs
    01-29 09:48 PM
    Here is a link to a Video report from CNN's program Lou Dobbs tonight regarding USCIS incorrect approval of H1-B petitions beyond the 65,000 yearly limit.


    (http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv)

    http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv

    i think these numbers include H1B transfers from one company to other, and H1B extensions beyond first 3 years term or the further extentions based on labor pending, I-140 cleared etc. etc.

    This guy looks genuine in what he believes, but he is missing the important piece of information. American people are not dumb as they look, they have little brians to understand. USCIS obviously can not approve more than 85K of applications.

    Ofcourse even though it is said Visas Issued (i.e., permanent residence) but in the video they were showing H1B applications :)

    in any case, we should ignore this guy as a whole.

    Next thing, we should never spend lots of time or create any further threads. It gives them courage if we spend time on their issues.



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  • chanduv23
    04-13 01:57 PM
    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.

    This is interesting actually. Does LCA petition have a column saying it is Salary or percentage?

    The way job offers go out is after companies do a math on the value you add to the company. Every h1b LCA petition has a salary mentioned that can be a range also ie $55 per hour and above etc....

    Percentages or kickbacks are something that is between employer and employee and has nothing to do with Certifying officer - maybe I am missing something here





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  • alisa
    12-27 02:47 AM
    Alisa,

    Thanks for your posts. I'm glad to have a decent exchange of thoughts with you. I agree with you partly that 'non-state' actors are responsible and not Zardari Govt.. But Who created the non-state actors in the first place? Instead of paying unemployment benefits, who offered them job portability to Kashmir? Their H1B shouldnt have been renewed at all after they came on bench. How can a parent not be responsible for the errant child? The world wants to neutralize the errant child....but for the parent a child is a child after all and that too the one that served its interests once. If this child is abandoned, can future child ( with same objective) be created with the same ease?

    Those are the questions that are haunting many Indians on the forums.

    But I salute you and other folks for keeping this conversation civil.

    Kudos,
    GCisaDawg
    Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
    There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
    So, its going to take time for this infrastructure to go away.

    The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.



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  • delax
    07-14 09:35 AM
    Well, why is there 33% quota for EB1,2 and 3 in the first place. They could have very well made it 100% for Eb1 and if there was any spill over, EB2 gets them and then finally EB3! Because, US needs people from all categories.

    Now all that I am saying is there should be some % on the spill over that comes from EB1.

    If there are 300,000 applicants in EB2 and if the spill over from EB1 is 30K every year, you think it is fair that EB2 gets that for over 6-7 years without EB3 getting anything? That is not fair and if that's what the law says, it has to be revisited. I am saying give 75% or even 90% to EB2 and make sure you clear EB3 with PD as old 2001 and 2002. That is being human. They deserve a GC as much as an EB2 with 2007 (and I am not saying that EB3 2007 deserves as much as an EB2 2007).

    Bottom line, EB3 (or for that matter any category) can't be asked to wait endlessly just because there are some smart kids in another queue! We can come up with a better format of the letter; we can change our strategy to address this issue; we do not have to talk about EB2 and mention only our problems. We want EB3 queue to move.

    Actually its 28.6% of the worlwide total for each category, but I'll ignore your ignorance about that. Remember that once a country retrogresses, there is a specific ORDER laid down by law on how to allocate visa numbers. It is only after the higher reservoir is full that visa numbers flow to the lower reservoir. If you are asking to fill both reserviors partially then what answer do you have to the EB2 candidate who did not get a visa number because an EB3 either ROW or from a retro country was allocated that number purely based on the length of wait.

    Please understand that Law in general and immigration law in particular is about DUE PROCESS and DUE NOTICE. This flies in the face of both. Your argument is completely invalid for an EB-2 cadidate who did not get the visa number because of your 'fairness' rule.

    If you sow the wind you'll reap the whirlwind!





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  • akkisingh@hotmail.com
    01-06 02:36 PM
    I agree that innocent civilians are getting killed which is very sad. I always had a soft corner for the Plaestinians and was horrified to see the massacre in Jenin some years back. But now Hamas is the legit government in Palestine. They are responsible for their civilians. Hamas cannot fire rockets on another country. Israel in this case is right in acting against Hamas. If Hamas was not in government then it would have been wrong but since they are the govt ,Hamas is responsible for the killings of these civilians.



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  • unseenguy
    06-20 05:49 PM
    I went from 3 green's to 6 red's. I am not sure what I did to deserve this. I just expressed my opinion and provided facts on which I based my opinion.

    How do I know who gave me the red's?

    There are some people here who will indulge in tarnishing your reputation when they do not agree with your post. I gave you green to get your reputation back or enhanced. I think your post was very respectable and a free opinion and it did not deserve any red dots.





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  • subba
    12-27 12:57 PM
    Especially considering Sen. Cornyn seems to be opposed to some of the provisions being discussed for the illegal immigrants.



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  • xyzgc
    12-30 02:23 AM
    I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
    Thats the vicious cycle.

    It might be true, it might not be. Its only reactionary if its at all true and a very subdued reaction that is. If India was Israel in its attitude and what it is in its size, you wouldn't have seen the vicious circle that you think you see. It would have been all over by now - without all the intellectual sparring and head-banging that go on, on these immigration forums. Pakistani terrorism would have been a moot point - a non-issue.





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  • Macaca
    05-27 05:26 PM
    Immigration: You can't rely on E-Verify (http://www.latimes.com/news/opinion/opinionla/la-ed-arizona-20110527,0,7225123.story) Los Angeles Times Editorial

    On Thursday, the U.S. Supreme Court upheld an Arizona law that permits local officials to revoke the licenses of businesses that knowingly hire illegal workers. The decision makes sense in principle but not in practice.

    Under the 2007 Legal Arizona Workers Act, business owners are required to use the federal E-Verify program to confirm if a person is authorized to work in this country. Employers must electronically check workers' names against databases kept by the Social Security Administration and the Department of Homeland Security. Workers found to be ineligible have up to eight working days to straighten out the problem before employers would be required to fire them. If a company is found to have knowingly hired an undocumented worker once, it can have its licenses suspended; twice, the company may be shut down.

    The problem with the Arizona statute is not that it penalizes employers who break the law. Businesses that hire undocumented immigrants should face fines or sanctions, as called for under current federal law (although many would disagree with the court's conclusion that states may impose such penalties). The problem is that the law relies on E-Verify, which isn't ready for prime time.

    Until now, E-Verify has generally been used on a voluntary basis by employers because of concerns about its accuracy. Conservative estimates put the program's error rate at just under 1% � meaning that one out of every 100 legal job applicants could be found ineligible to work. Nearly half of those will not be able to fix the problem even though they are citizens or legal workers, according to the National Immigration Law Center. The reality is that the error rate may be much higher. Consider that in 2008, Intel Corp. reported that just over 12% of its workers were wrongly tagged as ineligible, according to the Migration Policy Center in Washington. Or that a survey by Los Angeles County of employees found an error rate of 2.7 in 2008 and 2.0 in 2009, according to a report submitted to the Board of Supervisors. The error rate is especially high in cities with large immigrant communities.

    Furthermore, E-Verify doesn't detect identity theft or prevent unscrupulous employers from moving their workforce off the books. Nor does the law guarantee employers that they will be immune from losing their licenses if E-Verify mistakenly allows them to hire an undocumented worker. That lack of protection may, as Justice Stephen G. Breyer noted in his dissent, persuade some business owners to avoid hiring those who look or sound foreign-born.

    At the very least, the court's ruling should prompt the Obama administration to act quickly to fix E-Verify and improve its accuracy. And the White House should seek a qualified candidate to serve as the Justice Department's special counsel in charge of enforcing the anti-discrimination provisions of the immigration law.

    But the court's ruling doesn't fix the bigger problem: the need for comprehensive immigration reform. Arizona and other states that have passed similar measures are stumbling to create their own immigration laws because the current system isn't working. Thursday's decision should put Washington on notice that in the absence of a federal solution, states will step in to fill the void.


    D.C. region�s Asian population is up 60 percent since 2000, census data show (http://www.washingtonpost.com/local/dc-regions-asian-population-is-up-60-percent-since-2000-census-data-show/2011/05/25/AGvgndBH_story.html) By Carol Morello and Dan Keating | The Washington Post
    A Bond for the Homeland (http://www.foreignpolicy.com/articles/2011/05/24/a_bond_for_the_homeland) By NGOZI OKONJO-IWEALA, DILIP RATHA | Foreign Policy
    More People, Please
    Don't worry about the booming global population -- celebrate it. (http://www.foreignpolicy.com/articles/2011/05/23/more_people_please)
    By | Foreign Policy
    How Latinos Got Stung (http://www.realclearpolitics.com/articles/2011/05/22/how_latinos_got_stung_109943.html) By Ruben Navarrette | Denver Post
    What immigrants contribute (http://www.washingtonpost.com/opinions/what-immigrants-contribute/2011/05/19/AFjy9L9G_story.html) By Alejandro Becerra | The Washington Post
    Secure Communities program: A flawed deportation tool (http://www.latimes.com/news/opinion/opinionla/la-ed-secure-20110523,0,4886580.story) Los Angeles Times Editorial



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  • new2gc
    03-24 06:19 PM
    My Dear Friend:

    Why do you want to defend crooks? Instead of ackowledging the fact that desi consulting companies are exploiting loopholes, you rather want to know why other companies are not feeling the heat. This is typical of us desis. There is absolutely no introspection.

    For once, accept that we are at fault.

    Its like this - You are in school and your teacher catches you copying off the next person. Now instead of correcting yourself, if you complain to the teacher that another classmate was also copying so you should not be penalized, will your treacher let you go?


    Again, I am not defending anyone, I am saying that we should point all the consultanting...not just desi consulting ones...just don't descriminate...from your theory, it looks it is ok to copy unless you are caught.....I don't want to argue on this and deviate from the OP .





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  • gc_check
    04-07 07:42 PM
    H1B program for sure needs to be reformed, a constructive reform, not the one we see in this bill now. Some of the items in bill would indirectly kill the program than reform it. I'm very concerned, given the current situation; the H1B numbers running out on the opening day itself, this bill might get some consideration and attention. At least if we manage a get a clause that allows people with approved I-140 or labour apply for AOS, even when the EB Visa numbers are not available will help many many members of this group. Atleast you can get an EAD and get out of this H1B mess...

    Every one going through this process have a moral responsibility and have to do their part, Even if not part of the core, we need to atleast email, mail or call Senator/Congressmen office when required and contribute what you can to IV to help the folks who put in their precious time and work more or less full time on time, in spite having their own family and full time work.



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  • crystal
    07-07 10:18 PM
    related article on murthy for the Inadvertent Unauthorized Employment


    http://www.murthy.com/news/n_hombus.html

    http://www.murthy.com/news/n_nscuna.html

    Actually ..I had even read somewhere in these forums, that 'out of status' etc will be considered since the last entry into the country..

    in your case, if he re entered into the country in 2002, the previous status should not be considered...but we can never argue with the immigration officers,once it gets into their head,they can be the most 'sanki' guys..

    take appt with Rajiv Khanna/Murthy without wasting any minute further..





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  • krishnam70
    08-14 11:32 AM
    Hi UN,

    Sorry to post here. I have posted in some other thread but no response.

    I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.

    Can you please advice, what is the best procedure to follow here.

    1. Can I take my FP and request to postpone of my wife & son ?
    2. Postpone for all three members, and request for a later date ?
    3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?

    Thanks In Advance,
    kSR

    There is another thread in this section that somebody posted that has the answers. You can take the Fp and request re-scheduling for your family giving the travel iternary copy and date(s) when they would be available





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  • Raju
    05-24 03:32 PM
    Raju, the unemployment is at 4.7%. That is good, but how about earning power and wage increases ? I hear all the time my friends report that they can no longer afford goods and services as they did five or four years ago. There are plenty of evidence that in many sectors wages have dropped or have stagnated. Is that indication of surplus pr shortage of workers ?

    Regarding his idea of sending 15 millions of illegals out, that is not absurd. He never told he wanted to do it overnight. A gradual, slow deportation program yes, it would be probably the best way to handle this.

    I am sorry if I look negative to you guys, but my goal is to be sincere and honest about facts here.

    I think that wages have gone up drastically during the dotcom bubble and you should expect them to flatten for a few years. Also, the economy is coming out from a bust and that accounts to a little stagnation. It is simple man, the world also has to catch up. If you get the same job done for much less in coutries like China, India, Russia and romania, why do you think the wages will go up, unless there is a new technology, that absolutely needs cutting edge skills. This is the way it has been in ht past, this is the way it is in present and will be this way in future. The services and goods you are talking about will become more expensive if you want to send the undocumented workers out. And the wages may not go up that much because companies can get stuff done in other parts of the world. A reporter should talk about two sides of the issue and I have never seen Lou do that. I do not have the time/interest to find the transcripts but he had been offensive about H1s and I heard him say that H1's do not pay taxes, which is a blunder.





    funny
    09-30 02:38 PM
    I just do not understand this part, why would they provide something and ask us not to use it. It is like giving you a piece of cake and telling you not to eat it. This whole thing sucks, they are making it harder for people who live by the law of the land.

    I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.





    krishnam70
    12-29 12:53 PM
    It has no relevance in an immigration related forum
    kris



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