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Sunday, July 10, 2011

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  • gimme_GC2006
    03-24 01:08 PM
    USCIS adjudicators follow a manual and very specific set of procedures as laid out by their headquarters. Sometimes in the gray areas or areas of interpretation they are given wide latitude in how to interpret those rules.

    However; document list and procedure for getting them is very prescribed. When person posts of their experience with USCIS and it is very different then what their policies, procedures are then it makes it very suspicious...

    Everything you have posted falls in line with department of labor audit and not local uscis office interviews or requests for information from local office interviews.

    If what you are saying is accurate then you and your company should have consulted with your attornies and specifically asked for this in a request for evidence and assessed the legality of this request and pulled the officer back and sent in only what was required by law.

    California service center back in 2004/2005 was denying 140's due to "temporary job" issue. Lawyer stupidly in replying to ability to pay part of rfe sent in contracts like you do in H-1b and put it in front of uscis that the contracts were temporary. USCIS had no choice but to deny the 140's and this was one of those issues (one of the people actually had their approved 140 reopened and denied for this issue). That particular company had 35 straight denials over this issue.

    The point is..these are the same questions and documents Officer asked me when I went for Personal interview..

    I showed what I got and I said I dont have for what I didnt had..Officer was fine..basically they were going by what is written in Biographic form (g325a).

    They may look like DOL process but yeah, per their field manual they are supposed to check..now dont ask me how do I know whats in their field manual..she had field manual open on her desk...it has steps..do this..check this..check that..step 1..step 2..etc

    There was a step in their manual, which prompted them to check visa bulletins for
    a) the date 485 was filed
    b) for the date interview was being held.





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  • satishku_2000
    05-16 06:30 PM
    It is very simple -- the 'consulting on the bench' business is ILLEGAL. You can have any opinion on it you wan't, but the bottom line is it is against the law. If you can't meet the legal requirements, you shouldn't be here in the first place.

    And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.

    It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.

    What are the SKILLS that are so unique to you in the world? What makes you think everyone is less HONEST and less SKILLED than you are?

    I have seen in many cases why companies wants consultants is because consultants are much more skilled than their regular employees and companies are willing to pay a premium for consulting services.





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  • unitednations
    03-26 08:49 PM
    Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?

    If you go really far back; california service center when they were adjudicating 140's would the odd time deny a 140 because they didn't believe the intent of joining the company if a person was working in different location (when baltimore case came out; it helped in overturning these types of denials and they stopped doing it).

    Now; nebraska service center the odd time did question the intent at the 140 level and also at the 485 level. I haven't seen it much in last three years. However; the ones I did see (they were all approved; thanks to baltimore decision) were for companies which had filed labors in iowa. I believe that this was also one of the catalysts in looking at iowa companies of what is happening today.





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  • logiclife
    07-10 10:14 AM
    Did anybody contradict this caller on the show? Is the recorded show available online?

    We got the CD from studio which we will try to upload on the website. Yes, we did counter that guys. Carl said that the slaves Mike is talking about drive in BMWs and Mercedes to his law firm and majority of his immigrant clients on H1B make more than 100K a year in California.

    We also explained that there are safeguards in place both at temporary visa level like H1B and permenant visa (Green Card) to protect the American worker. The Department of labor has to certify that a willing, qualified, available American citizen could not be found for the position for which a foriegn worker is being hired and the foriegn worker is being paid the wages commensurate with prevailing wages. That pretty much was the rebuttal to "H1B slaves are driving down wages" theory.



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  • BharatPremi
    03-26 04:31 PM
    I posted a few messages in another thread on macroeconomic issues. As you found out, a lot of people don't understand the severity of credit crunch. If you have lot of cash, yes you have a big advantage, go and invest. Even if you get it wrong for next 5 years, you will be ok.
    But for people who want to do this on borrowed money, credit crunch will hit you. The credit crunch will get worse. Whole mortgage industry will change, things will tighten. This just means something has to give up, which is house price.
    If you are already not in a house, wait as you might be able to buy at much lower prices. Jump into RE as investment now only if you have enough cash to sustain upto 30% drop in home prices !!

    So what do you advise, is it right time to refinance or wait it out and why?





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  • srr_2007
    04-07 12:17 AM
    My understanding H1 B employers (mostly desi companies) are root cause of this situation by abusing H1 b program, they have made enough money by sucking H1 employees blood, now hey are equally affected it is time for them to share some of it and fund all the efforts to curb these kind of Bills.

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

    Desi consulting comapanies will not be affected. Consider this, if this bill becomes you can't transfer Visa and stick to the same employer. They can pay whatever they feel like paying (may be $7 per hr) and abuse the way they want. we will continue to extend the Visa and work as slaves thinking that this will get over one day like the Green card mess.

    They will earn more with less people and buy all the new model cars and houses everywhere in US.

    This is our problem and we have to fight for our good.



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  • just_wait_for_gc
    08-11 02:52 PM
    toung is made of BS





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  • unitednations
    03-24 07:28 PM
    UN,

    I don't think your view of Indian monopoly in IT is correct. It is a natural flow of human resources from countries which had plenty of it to USA which needed it.

    The reason for Indians/Chinese taking up majority of H1B visas is that there are lot of educated candidates to pick from highly populous countries like India and China.

    US never gave any preference to Indians or Chinese in H1B visas. The fact is India and China produced lot of graduates who were capable of doing IT work. If you look at it, IT job is not a hard thing to master for any Indian. So US had the necessity for skilled people, India and China had the supply of these people, naturally staffing companies came up to bank on this opportunity. It was a natural evolution, there is no bias towards Indians/Chinese. If you take any small country in the region, they didn't have enough qualified people so staffing companies didn't flourish in those countries.

    This is one of those things that people are going to agree to disagree.

    btw; my experience with the Chinese is that many of them came here initially on student visa and decided to stay. I don't know many that came directly here on h-1b. They haven't developed the network of staffing companies (main reason I believe is the english issue wheres people from India generally don't have this).



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  • hopefulgc
    07-13 01:04 PM
    Good argument.. this should make it to the letter

    Here is my 2 cents worth...

    We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.





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  • nojoke
    01-04 05:06 AM
    OK.
    But I still can't figure out what your argument really is.

    Lets agree to disagree, I suppose. Let me know, if you can, what exactly and specifically it is that you didn't like about what I said.

    Let me try. I still have one day more before I start working again.
    We said 'can you hand over Dawood him'. You said he is past. How is being past meant that his crimes go unpunished? You then say no extradition treaty. So if we give proof for the Bombay incident, how are you going to take action, if you have not done yet for the past incidents. I just don't get it.
    We want see if we can trust you. You don't won up, yet you won't punish and infact you seem to protect these guys.



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  • BMS
    07-11 10:09 AM
    Thanks Milind70,

    I had submitted the lattest I 94 to my company

    but somehow they filed ext with I 94 that came along with i 797

    now i will get three yr ext with I 140 cleared

    then i can get new i 94 with stamping

    You mean,
    talk to immigration officer now at local off?
    can they correct that i doubt since its already expired and i have new I797 with I94





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  • logiclife
    02-21 12:52 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.

    Pat Buchanan atleast ran for President for a couple of times. He has a lot of wrong ideas especially about immigration but he wanted to do something about whatever he believed in. And he actually did work in public service in the seventies in the Nixon White House.

    This guy Dobbs, claims to know everything that's wrong with congress, the laws, the trade agreements, and all he does is preach. Why doesnt he run for congress and fix things he thinks are so easy to fix. If he is so smart and able, then he should really run for congress and do what he thinks his right.

    The reality is... the chamber of House is no CNN studio. If a trust-fund, Preppie kid like him went to Congress, he wouldnt last a week.



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  • NKR
    04-08 12:46 PM
    If I buy a house today and loose 100K in value each year for 2 more years, how is it a savy investment? Savy investors buy low and sell high. Unless you are saying housing is not going to fall further, I am totally confused how it is an intelligent investment. Nightmare stories of the savy investors are all over the news.
    If you want to debate that housing is not going to fall further, history is against you. There are housing bubbles in the past and they take years to correct. It doesn't happen in months. Has there been so much disparity between house price and income ever in history of US? Show me the proof why the prices would not fall further. Do you know what happened to the last housing bubble and how long it took to correct itself?
    Don't tell me this time it is different. It is probably different because a fruit picker earning 20K income was able to buy a house for 500K with no down payment at the high of the bubble. It will be different this time because it will be the worst housing bubble ever. Please don't mislead people with false hope. It is their hard earned money.


    Who said that if you buy a house today you will lose 100k this year and the in the next?. Where does it say so?. How did you come up with that figure?. Which fruit picker earning 20k bought a house worth 500k without a down payment?. Giving analogies and examples are fine, but try to make it more realistic. You are accusing somebody of misleading people, but look at what you are saying. Don�t try to scare people.

    This might not be the right time to buy a house. After a couple of years when things start to look bright, then again you will come up with an excuse to not buy a house. Looks like you and alberto pinto might want to spend the rest of your lives in an apartment. That is fine too if that is what you guys want.

    Keeping this thread alive has become Mr Pinto�s mission, it doesn�t matter if the person who opened this thread has already made a decision and moved on...





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  • mariner5555
    04-08 11:10 PM
    I remember the 1990's UK housing crunch
    http://news.bbc.co.uk/2/hi/business/7336010.stm

    Being an energy saving geek, I also recommend buying something with a large south facing roof (for lots of solar panels).
    Hi Mark,
    a quick question - has IV thought about using the housing problem to push for faster GC processing (or for getting a very relaxed multi year EAD) ? a poll was conducted recently and as one would guess lots of legal immigrants are waiting for a GC before buying a house.
    I am not suggesting that giving GC's to legals would solve the problem but I am suggesting to use it as a selling point. (ofcourse at the micro level even if 1 house is sold ..then it helps the economy ..and if 100,000 houses are sold ..it definitely makes a difference)



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  • Dhundhun
    08-06 10:23 PM
    This is joke on myself on my H1B life:

    Creater God was busy in creation; there was very long queue for every species- humans, animals, birds, insets, etc. I was in queue of animals. Being slightly smarter, I jumped the queue and joined the queue of humans. God by mistake made me human. Soon He realized me jumping the line and cursed me as punishment to work on H1 Visa like animals.

    After sometimes He realized His mistake. It was His mistake to make me human, so He blessed – OK, one fine day, when you lived through your animal's life, you will get GC, afterwards you get back again human life.

    Still waiting for that fine day.





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  • rockstart
    07-15 08:04 AM
    Exactly I am trying to understand what pani_6 wants to really say. If DOL rejected their labor there must be some official reasons given and I am sure it will never be that economy is slow. If that is the case they would have put complete freeze on Eb2 and Eb1 category. I think the letter is factually incorrect and misleading

    So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.

    How does this imply that "DOL advised some of us to file under EB3?"



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  • 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.





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  • xyzgc
    12-22 09:43 PM
    Its a known tendency of hindu groups of radicalizing muslims, so much so that Jinnah took into consideration and formed pakistan.

    Still the hindus will target an abominal act of 11 people and make a community of muslims, a country victim of their acts.

    Yet, even if a hindu preaches infanticide of girls, he is not terrorist, a hindu scripture preaching burning alive of widows is not terrorist doctrine, a mythical god preaching murder of low caste for chanting holy rhymes is not a terrorist! Hail Ram!

    India could fight british militantly under Subhash Chandra, and under Gandhi, and that is fight for freedom, yet Palestinians fighting for free country is terrorism! Will the Aryans return the land to Dravidians now?

    Pakistan attacking India, by sending in infiltrators is terrorism. Its not freedom fighting because they already obtained their freedom, without even fighting for it.

    If there are border disputes, let uniformed soldiers fight wars accordingly to the rules of war. Terrorism is cowardly and despicable because it targets innocent people from another country. War is between armed forces. Targeting innocent people is terrorism.

    Burning widows alive is a practice which Hindus themselves worked hard to put an end to.
    Infanticide happens among muslims too, look at the way they treat their own women and produce dozens of children. The islamic laws make women virtual slaves of men.
    We should work for putting an end to this. These are bad practices carried out in the name of religion against members of the same religion. It is not cross-border terrorism.





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  • burnt
    03-31 06:36 PM
    Today I received a call from my lawyers office asking me whether my wife had taken the TB test as we skipped that test when we applied for I-485 in July 2007 as my wife was expecting at that time. My PD is Feb 2007

    Lawyers office said they received a call from USCIS as they are getting the cases ready to be adjudicated. USCIS wanted to know whether my wife got her TB test done or not.

    Did anyone else got such a call from USCIS? And Gurus, what do you all think this means?





    shensh
    04-09 01:33 PM
    Chill out pal, please don't exaggerate how much people value academic degrees in real business world. Holding a Ms or PhD degree alone doesn't necessarily mean you're an asset to this country, nor to a particular employer. I have Ms degree from US institution and I don't think it matters much to my employer, everything is based on performance.

    I agree that H1-B visa should be granted to people who fill a real business need, not those who are unfortunately treated as unlimited supply for body-shoppers making their fortune selling hours of H1-Bs. In this perspective, the idea of restricting companies with 50+% H1-Bs is brilliant. I wouldn't worry about management consulting firms like BCG or McKinsey, I bet they don't have half of their consultants under H1-b. :-)

    Quote:
    pete
    --------------------------------------------------------------------------------

    EVERYBODY wants those doing Ms and PhD in certain disciplines to stay. They do no harm AT ALL and actually are an asset.

    Consultants need to be curtailed.





    ArkBird
    01-10 03:36 AM
    man, what r u talking about?!!!
    Britain didn't give any land to Egypt or Jordan.. After half a century of enabling jewish migration to palestine (not out of its kind heart, but an anti-semetic european plan to rid europe of them), Britain suddenly pulled out of the region in 1947 and Israeli gangs started going village to village massacring palestinians and throwing them off their lands. egypt managed to protect the palestinians who fled to gaza, about 1.5 million refugees now crammed in that very tiny city, jordan protected the ones who fled to the west bank, but again Israel attacked and occupied both of these since 1967 Imagine being kicked off your prosperous home and put in a refugee camp nearby while others enjoy your home, then them complaining that you should be pleased they allow you to live in the refugee camp and you should let them live in peace..
    at least get some basics about gaza here if you want to discuss it http://www.nytimes.com/2009/01/08/opinion/08khalidi.html

    And your source is RASHID KHALIDI!

    I rest my case. Anyone knowing anything about Middle East conflict knows how biased and pro-Palestinian this guy is.

    Partition of Palestine was done as per United Nations General Assembly Resolution 181

    Stop smoking pot!



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