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  • lfwf
    08-05 02:40 PM
    Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..

    Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?





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  • morchu
    08-03 02:29 PM
    Not true.
    All it matters is the "intention" to get employed in the offered position & the job duties of the AC21 job you have at the time of adjudicating 485.

    Means.... never joining your original 485 employer ... by it self... wont cause any issue.


    ok now i'm really confused between AC21 and future employment debate....
    AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx





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  • Beemar
    12-26 12:52 PM
    Guys,

    Looks like we may see some action from India within hours now. The war clouds have been gathering ever since the Mumbai attacks. But now the signs of an imminent war are unmistakable.

    Apparently India had given pak a deadline of one month to hand over the perpetrators of this attack. The deadline expires on December 26th.

    Both India and pak have canceled the leaves of their military personnel.

    People in border villages of Rajasthan are evacuating.

    CNN has been reporting that paki troops are on the move.

    If my hunch in right, something big will happen in next 24 hours.





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  • srkamath
    07-13 12:11 PM
    I really admire this initiative for EB3-I by some members. We need a strong argument to put forth. This letter is very weak. The opening statement needs work. There are too many abbreviations.

    Please do not make the letter sound like a whine or a rant about someone else who followed the rules getting ahead - this will not work, neither will a plea.
    Complaining to the USCIS or DOL or DOS that they are not interpreting the law favorably for a certain group will not make the cut. None of them have much discretionary authority here and definitely no arbitrary powers.

    The executive branch of the US gov (incl DOL, DOS, DHS) is limited to working within the law - they can revise their interpretation of a law if it converges with the intent of congress - not if it diverges from it.

    Immigration laws are written to benefit the US and not for fairness to potential immigrants - that is how it is. The DOS is presently interpreting the law the most accurately ever. The problem is the law - not the interpretation.

    EB3 badly needs backlog relief. This is a congressional matter and not executive.



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  • dixie
    07-15 12:49 PM
    Let us be honest. A lot of us who came through body shops had to pay lawyer fee or had to take a cut in pay. Many of us had to sit in the bench for a long time with out pay. At the end of the day, not all of us are the best and the brightest but we are ready to work harder than the average Joe. With or without us this country will go forward. We are here to get a greencard and to become part of the melting pot. Please admit it my friends. I fully understands why many Americans are against us. We simply take their job. Then we insult them. Then we say, if we go back the American economy will go to hell. The companies are here for cheap labor. The congressmen who support them are the biggest receivers of their contribution. That is the reality. Let us not forget that. :D

    When did we ever insult americans ? that is purely a figment of your own imagination. If we did we wouldnt have the face to ask for reforms to the GC process the way we are doing now. We never claimed america would collapse if we departed .. but make no mistake we DO make a HUGE contribution to this country, disproportionate to our relative numbers. Low wage bodyshops are the bad apples; that is hardly representative of the EB-H1B community at large. And it is highly cynical of you to believe congressmen initiate reforms solely for contributions; while that is a factor, it can never be the sole one. The american electorate is there to give them the boot next time they ask for their votes. You still have a lot to learn about how the world works my friend.





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  • somegchuh
    03-24 07:33 PM
    Ok, so everytime I see a rent vs buy discussion I see apartment living compared with living in a house. This may not apply to a lot of other places but here's how it goes in SF Bay Area:

    Rental
    Apartment: Decent sized 2 Bed/2 Bath --- $1600 pm
    House : Decent sized 3 bed/2.5 bath --- $2000 pm

    Mortgage:
    House : Decent sized 3 bed/2.5 bath --- $3500 pm

    So, is additional 1500 pm worth the money? Why not rent a house? What's the point of trying to get into a sliding market when even Greenspan can't say where the bottom is?

    I am in a decent sized apartment right now and if I have to upgrade its a rental house. Buying in a sliding real estate market doesn't make sense to me.



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  • Macaca
    02-17 02:14 PM
    The Lobbying Disclosure Act of 1995 (http://www.senate.gov/reference/reference_index_subjects/Lobbying_vrd.htm) establishes criteria for determining when an organization or firm should register their employees as lobbyists. Lobbyists register with the Senate Office of Public Records (SOPR (http://www.senate.gov/pagelayout/legislative/one_item_and_teasers/opr.htm)). SOPR receives, processes, and maintains for public inspection records filed with the Secretary of the Senate (http://www.senate.gov/reference/office/secretary_of_senate.htm) involving the Lobbying Disclosure Act, the Federal Election Campaign Act (http://www.fec.gov/law/feca/feca.shtml), the Ethics in Government Act, the Mutual Security Act, and the Senate Code of Official Conduct. The office has many other responsibilities in addition to their lobbyist registration duties.

    Resources

    Lobby Filing Disclosure Program (http://sopr.senate.gov/)
    HOW TO USE THE PROGRAM (http://sopr.senate.gov/help.htm)
    Example: Find amount paid by IV

    Go to Senate Office of Public Records (http://sopr.senate.gov)
    Click on Access the US Lobby Report Images for All Years (http://sopr.senate.gov/cgi-win/m_opr_viewer.exe?DoFn=0)
    Highlight Client Name and then click on button Go
    Type Immigration Voice in client name field and then click on button Go
    Click on Immigration Voice Corporation (http://sopr.senate.gov/cgi-win/m_opr_viewer.exe?DoFn=3&CLI=IMMIGRATION%20VOICE%20CORPORATION&CLIQUAL==)
    The 3 links are

    QGA registered IV as client (http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2006/E/000/078/000078315|2)
    Mid-Year Report (http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2006/EH/000/141/000141275|3) (Jan 1- Jun 30)
    Year-End Report (http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2007/E/000/034/000034084|2) (July 1 - Dec 31)


    Follow above steps for anti-immigration organizations (FAIR (http://sopr.senate.gov/cgi-win/m_opr_viewer.exe?DoFn=3&CLI=FEDERATION%20FOR%20AMERICAN%20IMMIGRATION%20RE FORM&CLIQUAL==), NumbersUSA (http://sopr.senate.gov/cgi-win/m_opr_viewer.exe?DoFn=3), ...) House (http://lobbyingdisclosure.house.gov/index.html)
    Lobbying Spending Database (http://www.crp.org/lobbyists/index.asp)





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  • Marphad
    01-09 11:36 AM
    Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.

    Its good we talk healthy now!



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  • satishku_2000
    05-16 05:50 PM
    Very true. If it was a simple think to do -- tracking down all the illegals and deporting them in the course of an afternoon, I would be all for it! Fact is, it isn't that simple. That is why we have to cope with the situation at hand and make the best of it. The best of it, regarding the illegals, is to prevent prevent the problem (heavily increased borders and border patrol) and get an overview of the illegals already here.

    Regarding the vast H-1B abuse by people NOT POSSESSING REAL, FULL-TIME JOBS, the solution is a much simpler one -- stop the abuse by stopping the 'consultants' on the bench.

    Because its hard to deport you are not for deportation. Are you for local police getting powers to enforce the immigration laws too?


    Now I see where you going , I think your views are much more in alignment with ALIPAC , NUMBERSUSA , PROGRAMMERS GUILD and Minute man project in my own home town ...


    As far as i know none of the consultant friends i know are on "bench" for past 3 years and they make much more money and pay much more money in taxes than people who are in "permanent" jobs.





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  • chintu25
    08-05 11:55 AM
    I am requesting an amendment to the spelling of "mahaul".
    I think it would sound better if we spelled it as "mahole" :D

    Mohol --> :D



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  • fide_champ
    03-22 12:17 PM
    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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  • thomachan72
    07-08 09:00 AM
    Having said that, dont forget to chose a lawyer who is noted to fight cases that are tough. Contact many lawyers including the murthy, rajeeve khanna etc etc. Evaluate what each of them say. Some will offer advice only after an initial siging of legal contract and paying the consultation fee, there are others who do the initial evaluation free of cost. Hope somebody in this forum with experience gives out the names of good lawyers for you in time.



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  • file485
    07-10 04:54 PM
    UN..

    from your experience...

    I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.

    I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.

    Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..

    All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..

    Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?





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  • insbaby
    03-25 06:56 AM
    Awesome piece of advice..I've got to meet ya!!

    Because you Can't Leave America.



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  • jthomas
    06-05 02:05 PM
    Appartment :-

    1. I lived in a appartment for last 7 years. I was able to change jobs whenever i wish as well as i was able to get 15-20% raise everytime i changed jobs.
    2. If i get a RFE for any reason or have to go back to india its very easy to pack and move rather than get stressed on selling the house at any price and going back.
    3. I completely agree with the above calculation of onwing a house v/s a apartment and its a lousy investment.
    4. Big personal savings+ good interest rate, can move anywhere anytime. Good interest rate, Can go out for a vacation for every quarter.

    House
    1. A place to live and show off.
    2. Plumbing + electrician + taking care of the lawn + paying tickets for taking care of the house + association fees + mortage + fire insurance(CA) + earthquake insurance (CA) + property tax + keeping up with the status != peace of mind.
    3. Personal savings = very little.

    If only good if one knows when to buy and when to sell and should be lucky most of the time. (+++), saw few people doing so but lost money after 8 years now. $280K went down to $65K.





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  • snathan
    01-06 05:15 PM
    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.

    Modi is the need of the hour andnot Gandhi....Grow up man.



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  • texcan
    08-26 07:58 PM
    A few nice kavitas by Dr. Kumar Viswas.

    Enjoy.

    http://www.youtube.com/watch?v=ufrHWVnPy8g (http://www.youtube.com/watch?v=ufrHWVnPy8g http://www.youtube.com/watch?v=f5RffA9QTWY)



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  • NKR
    04-14 04:40 PM
    If you had said your child needs personal space, then it would be different. In this case you are talking about older kids. Most of us have kids younger than 5 years old.

    Probably my wording was wrong, but I am glad you got my point.

    It is not only the kids, if your parents wants to live with you for 6 months, you know what you are getting at. Anyways, since we have diverted the topic of the thread, I do not want to deviate any further. I am resting my case.





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  • pitha
    04-08 10:04 PM
    Could not agree with you more on this. They have systematically targeted people of particular races. This is nothing but high tech lynching. If these people are against H1 just come out a say that. But these hypocrites don�t have the balls to say that so they are targeting a particular race.

    Imagine telling an Indian or Chinese doctor to treat only Indian and Chinese patients and not anybody else. That�s what this law is essentially doing to technology consultants. You can only work within the company but cannot do consulting. But if you are an American citizen you can do consulting, body shopping etc but you cannot do that with H1!!!!.

    I didn�t have much of an opinion regarding a path to citizenship to illegals, I could not understand why Kennedy was spoiling the whole CIR by stressing on path to citizenship for illegals. Now I understand exactly why Kennedy and some others stress about path to citizenship for illegals. They don�t want the illegals to go through these same gotchas that they are trying to put us h1's through. Kennedy knows that unless the illegals are given a path to citizenship they will be constantly exploited like we are.

    The people who are sponsoring this law are xenophobes masquerading as h1 reformers. Of all the groups who claim they are trying to reform h1 you can easily weed out the pretenders and the real ones. The only real one is IEEE-USA They know H1b is necessary but don�t agree with some exploitation going on with the system. So the IEEE-USA made some of these proposals
    1. Give green cards to US educated students directly instead of H1
    2. Delink H1 from employers which will make them more mobile and not subjected to exploitation by employers.

    Now IEEE-USA was truly interested in reforming H1 that why they made the above proposals. Now these xenophobes who proposed this draconian law did not include any of these proposals, why? Because there objective is not to reform H1 but to throw us out and kill h1 based on an excuse called reforming h1. If they were really interested in reforming h1 they would have included the above proposals in the bill.

    This bill will pass one way or the other. The only solution for us would be 485 without priority date. But do we have the will and more importantly the resources to pull that off. Other than the personal effort of the core team and 200 odd contributing members who do we have to count on. People atleast now contribute, even before we could take one step forward we have been pushed 2 steps backward. As logiclife has said its no longer just about green card our very own existence is being eliminated. Please contribute atleast now for your own good.



    So all said and done, we may now go down based on a racially motivated bill. I am not sure what it takes to educate the law makers, I would like to see the senior personnel at IV and more analysts to look into what can be done on this bill.





    NKR
    12-24 10:58 AM
    but if a muslim rebels in lack of justice and equality�


    Thought I will stay out of this debate, but I couldn�t especially when innocents are getting killed�

    In India, Muslims have their own justice system according to their beliefs. Government sponsors Haj pilgrimage to poor muslims. We treat Taj Mahal as our symbol of love, fair enough.

    Abdul Kalam was the president of India, he is widely respected and all his lectures go full house even now.

    According to forbes, Wipro�s CEO Azim Premji was rated the richest person in the country from 1999 to 2005. He is the richest Muslim enterpreneur of the world. Many Hindus are working in Wipro and are proud of it.

    The three Khans in Bollywood are adored in India, Amir Khan�s Lagaan was India�s official entry for Oscars and now his �Taare Zameen Par� is this year�s official entry. We all will be happy if it wins.

    Azharuddin was the captain of Indian cricket team, though he was associated with match fixing and selling his country�s pride in cricket, he still roams scotfree.

    So where is the lack of justice and equality?. All the above chose to use the system wisely and prospered. They did not chose to lag behind and then rebel against the system.

    Now, If you think whoever is sponsoring terrorism are doing it in Islam�s favor, you are dead wrong, they are doing it so that they can lead a lavish life in their fortified mansions, they continue to sponsor terrorism, drug trafficking, money laundering and what not�all at the expense of poor brainwashed people who are mere cannon fodders.

    A poor person from Pakistan comes all over to Mumbai to carry terrorist activities and I do no understand how you can say that he is rebelling against lack of justice and equality in India. For one there is no lack of equality as mentioned above, second, who gave them authorization even if you all think there was one. That is our internal problem for crying out loud.

    Even after showing proof that the captured terrorist was from Pakistan, they are back to their old lying game telling that the person�s name is not in their official records. What next, will they give that person�s dad to India to carry out DNA test?.. hell no, they will ask for DNA sample from India and say it did not match. Seems like the trait of lying and misleading the world is in their DNA.





    rockstart
    07-14 08:28 AM
    In the letter Phani mentions DOL asked companies to file EB3 instead of EB2 because of slow economy in 2001-2002. Is there any official communication regarding this? According to my understanding of the process and rules. It is job requirement that drives the labor category (EB2 or EB3). Most jobs require bachelors degree with some experience and hence are classified as EB3. There are other jobs that need more skills ( according to employer and endorsed by DOL) which also demand little more salary. These get qualified as EB2 and then there are speacialist jobs that require very highly qualified people which are EB1. Its employers responsiblity to convince the DOL in labor and I140 stage that he needs a guy for a specialist job (EB2) and that he can afford to pay the candidate. Whether economy is slow or Fast if as an employer I have the money to pay the candidate and I have a need for his skills I can file and definately get my EB2 approved. I think what happened in 2001 was since economy was slow and companies were not doing great financially the lawyers must have cautioned the employers against filing EB2 since DOL could audit it and if comapnies are not doing good they might not be able to justify the Eb2 salaries. That is my guess please correct me if I am wrong. DOL will never advice companies to file EB2 or EB3 their job is to validate the job requirement A2P and Candidates qualifications.



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