Amma
12-26 07:45 PM
Attacking Pakistan is a stupid idea.The hardcore hawks in Pak wants this only.
By war this side crores will die and that side crores will die. The Laskar e toiba will go to hiding in NWF and plan for next attack. India will be backward for 10 years and Pak will be backwards for 20 years.Do you want this ?
Don't attack Pak. It will be a failed state on its own. By war between us , China is going to gain.So, the people who want war with Pak by sitting comfortably in US, please think once again. It is not like going to picnic. It is life and death man.
America is failing in tackling terror in Iraq and Afganistan. Israel is failing in tackling the Hamas. Srilanka is failing with Tamil tigers.So tit for tat is not working. It will only aggrevate the problem.
Unless the fools in Pak understand the importance of real education and tolerance , they will go to drain .Now the whole world knows Pak is the culprit.They even disown their own citizen who got captured in Bombay attack.Such is the pathetic condition of proud muslim country .Shame !
My suggestion is ask US to attack Laskar e Toiba training facilities in Pak.[ Six americans and four isralies died in the Bombay attack. That is enough reason for America's attack.]
If US attacks Pak , the stupid people in Pak can't do anything. That way , Indian innocent jawans and common people will be spared.
By war this side crores will die and that side crores will die. The Laskar e toiba will go to hiding in NWF and plan for next attack. India will be backward for 10 years and Pak will be backwards for 20 years.Do you want this ?
Don't attack Pak. It will be a failed state on its own. By war between us , China is going to gain.So, the people who want war with Pak by sitting comfortably in US, please think once again. It is not like going to picnic. It is life and death man.
America is failing in tackling terror in Iraq and Afganistan. Israel is failing in tackling the Hamas. Srilanka is failing with Tamil tigers.So tit for tat is not working. It will only aggrevate the problem.
Unless the fools in Pak understand the importance of real education and tolerance , they will go to drain .Now the whole world knows Pak is the culprit.They even disown their own citizen who got captured in Bombay attack.Such is the pathetic condition of proud muslim country .Shame !
My suggestion is ask US to attack Laskar e Toiba training facilities in Pak.[ Six americans and four isralies died in the Bombay attack. That is enough reason for America's attack.]
If US attacks Pak , the stupid people in Pak can't do anything. That way , Indian innocent jawans and common people will be spared.
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surabhi
03-25 10:57 AM
That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
jungalee43
09-28 12:39 PM
I am not US citizen and who becomes president or who the American people vote for is none of my business.
But I can't resist writing here because it is going to affect my life in a great way.
Sen. Obama's appeal of change is definitely attractive. But would he walk the talk?
He mentioned American values in the debate. All of us i.e. the EB immigrants came here on the invitation of American Employers to help American corporations and economy. I came here little over 8 years ago, not only on the invitation but on the insistence of the American employers. I paid taxes from day 1 and followed every law in letter and spirit.
My then colleagues, who were not invited, stayed back in India and have become Vice Presidents and Presidents of the companies. And they earn equal or more than what I earn here and have exactly same or better life style as I do, including the cars that I drive here. But I am stuck with the same job description and title that was assigned to me 8 years ago and all my retirement money in now with US government and none in India.
Then I've realized that once the EB immigrants, invited by the American employers, enter the GC loop, they are chosen by US immigration system to discriminate on the basis of their country of birth. People born in Timbuktu clear all the three stages of green card in 5 to 15 months. But for people born in India, this journey is simply put, 'endless'. I am myself in the last stage of green card for last five years for the only reason that I was born in India.
If Sen. Obama is really going to bring change, he’ll have to answer these core issues in the immigration system. What is broken is the respect for US values that he talked about. There is discrimination built in the system. There is no fairness, no equality and most of all no justice.
And if his fellow Sen. Durbin calls the shots in next senate then it is all over for us and may be for American employers also. If I am asked to write 100 reasons why CIR2007 failed, I would write Durbin-Grassley provisions on EB immigration from no.1 through 50. That would be followed by the disastrous points based system from position 51 through 75. (My former boss, a great maintenance manager in a huge company in India migrated to Australia under points based system. The last I heard of him was that he was a taxi driver at Sidney airport.)
If a scenario happens where Sen. Durbin calls shots in senate, Sen. Obama would be turning back on his promise of change. To bring change he may have to take the current senate democratic leadership head on. His best chances are with Republican Senate and Democratic House.
I am really really worried but still I wish all the very best to Sen. Obama.
But I can't resist writing here because it is going to affect my life in a great way.
Sen. Obama's appeal of change is definitely attractive. But would he walk the talk?
He mentioned American values in the debate. All of us i.e. the EB immigrants came here on the invitation of American Employers to help American corporations and economy. I came here little over 8 years ago, not only on the invitation but on the insistence of the American employers. I paid taxes from day 1 and followed every law in letter and spirit.
My then colleagues, who were not invited, stayed back in India and have become Vice Presidents and Presidents of the companies. And they earn equal or more than what I earn here and have exactly same or better life style as I do, including the cars that I drive here. But I am stuck with the same job description and title that was assigned to me 8 years ago and all my retirement money in now with US government and none in India.
Then I've realized that once the EB immigrants, invited by the American employers, enter the GC loop, they are chosen by US immigration system to discriminate on the basis of their country of birth. People born in Timbuktu clear all the three stages of green card in 5 to 15 months. But for people born in India, this journey is simply put, 'endless'. I am myself in the last stage of green card for last five years for the only reason that I was born in India.
If Sen. Obama is really going to bring change, he’ll have to answer these core issues in the immigration system. What is broken is the respect for US values that he talked about. There is discrimination built in the system. There is no fairness, no equality and most of all no justice.
And if his fellow Sen. Durbin calls the shots in next senate then it is all over for us and may be for American employers also. If I am asked to write 100 reasons why CIR2007 failed, I would write Durbin-Grassley provisions on EB immigration from no.1 through 50. That would be followed by the disastrous points based system from position 51 through 75. (My former boss, a great maintenance manager in a huge company in India migrated to Australia under points based system. The last I heard of him was that he was a taxi driver at Sidney airport.)
If a scenario happens where Sen. Durbin calls shots in senate, Sen. Obama would be turning back on his promise of change. To bring change he may have to take the current senate democratic leadership head on. His best chances are with Republican Senate and Democratic House.
I am really really worried but still I wish all the very best to Sen. Obama.
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devikas81
12-19 01:38 PM
All Pakistanis are not a Terrorist but all Terrorist are Pakistanis..
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vamsi_poondla
09-30 10:30 PM
Rightly said. This is the case with most of us mpadapa. We too are in the process of starting Australia PR. Perth area, while not as great as Silicon Valley, according to many, is a breeding ground for innovation.
I cannot let this uncertainty - whether Obama's immigration policy will be same as Durbin's immigration policy for highly skilled immigrants - ruin my future. I have a career ahead and want to be in control of my fate.
When I visited Statue Of Liberty last week, I had a strange feeling. First time I suspected that it is an age old fable that America used to accept immigrants with open arms to flourish - grow and contribute back. It seems too good to be true because our GC process is so irrational. 8 years wait for becoming PR in contrast with other western democracies could do it in < 5 years with a smoother process. Something wrong here.
If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.
After graduating with a Electrical engg degree from a top school in India, I got a job with a world leading semiconductor company. I first came to USA almost 12 years ago on a business trip as part of a multinational chip design effort for high end Telecommunication market. I was very impressed with the group of professionals I worked with. I felt the work environment stimulated the creativity in me and brought the best out of me. After the short trip I went back to my home country but that visit left a lasting impression on me and I felt USA would be the place I can further my professional abilities. Couple of years later, I came to USA for my Masters to embark on that journey. Even though I graduated when the US economy was in recession (2001), my unique skill set was much sought after and hence I got a job with a R&D startup division of a popular Japanese company. Working with a great group of professionals brought out the creativity in me. I currently have 10 US patents. The sailing was smooth until I started my Green Card process. The outdated immigration system and the long wait in the limbo state has been impacting my professional and personal life. I am starting to doubt that my American dream is slipping away day by day. I hope if Obama becomes the president he would restore some credibility to my faith in the immigration system. But if Sen. Durbin is driving Obama's immigration policy then I fear even more long waits for high-skilled immigrants because of Sen. Durbin's aggressive stance against H1B's. Mean while I have started to look at immigrant friendly countries like Australia and Canada as my possible future destination. Due to too much headaches with immigration process my Director had decided not to hire any more foreign workers, this decision has crippled our divisions expansion as most of the interested candidates require H1's. All the new projects which otherwise would have started in USA has moved to other places all because of the broken immigration process.
Obama has mentioned many times on the campaign trail that "his education" is the reason why he has risen to where he is now. I feel Obama is a person who values higher education and high-skilled professional and I do have great faith in Obama's skills, I hope he takes a strong stance on the need to reform the high-skilled immigration system.
Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. The companies started by those immigrants employ thousands of Americans and millions in tax revenue. Then why is America so hostile towards the same high-skilled immigration system which in the long run benefits America. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.
Here is the link to the NFAP report which I talked about
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
I cannot let this uncertainty - whether Obama's immigration policy will be same as Durbin's immigration policy for highly skilled immigrants - ruin my future. I have a career ahead and want to be in control of my fate.
When I visited Statue Of Liberty last week, I had a strange feeling. First time I suspected that it is an age old fable that America used to accept immigrants with open arms to flourish - grow and contribute back. It seems too good to be true because our GC process is so irrational. 8 years wait for becoming PR in contrast with other western democracies could do it in < 5 years with a smoother process. Something wrong here.
If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.
After graduating with a Electrical engg degree from a top school in India, I got a job with a world leading semiconductor company. I first came to USA almost 12 years ago on a business trip as part of a multinational chip design effort for high end Telecommunication market. I was very impressed with the group of professionals I worked with. I felt the work environment stimulated the creativity in me and brought the best out of me. After the short trip I went back to my home country but that visit left a lasting impression on me and I felt USA would be the place I can further my professional abilities. Couple of years later, I came to USA for my Masters to embark on that journey. Even though I graduated when the US economy was in recession (2001), my unique skill set was much sought after and hence I got a job with a R&D startup division of a popular Japanese company. Working with a great group of professionals brought out the creativity in me. I currently have 10 US patents. The sailing was smooth until I started my Green Card process. The outdated immigration system and the long wait in the limbo state has been impacting my professional and personal life. I am starting to doubt that my American dream is slipping away day by day. I hope if Obama becomes the president he would restore some credibility to my faith in the immigration system. But if Sen. Durbin is driving Obama's immigration policy then I fear even more long waits for high-skilled immigrants because of Sen. Durbin's aggressive stance against H1B's. Mean while I have started to look at immigrant friendly countries like Australia and Canada as my possible future destination. Due to too much headaches with immigration process my Director had decided not to hire any more foreign workers, this decision has crippled our divisions expansion as most of the interested candidates require H1's. All the new projects which otherwise would have started in USA has moved to other places all because of the broken immigration process.
Obama has mentioned many times on the campaign trail that "his education" is the reason why he has risen to where he is now. I feel Obama is a person who values higher education and high-skilled professional and I do have great faith in Obama's skills, I hope he takes a strong stance on the need to reform the high-skilled immigration system.
Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. The companies started by those immigrants employ thousands of Americans and millions in tax revenue. Then why is America so hostile towards the same high-skilled immigration system which in the long run benefits America. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.
Here is the link to the NFAP report which I talked about
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
dealsnet
01-07 04:49 PM
You lived in India and hate India, because of your wicked religion.
Equating Bombay with Palastine is only a traitor can do.
Even passive support is act of betrayel.
Evil will be destoyed, it is God's will. They are preparing the kids for suicide bomber. So it is their fate to die little early, without harming any one.
Any way your religion and its founder are blasphamy for real children of God.
Only retard minded can follow it. Do suicide bomb to get 72 virgins. If any one of the virgin is a lesbian, what will do ?. If the guy is old, do he get viagara???They don't know in heaven no sex. No flesh, people in spiritual state.
I know you won't respond me anymore. Because you know your believe/ideology/prophecy/unjust acts will be exposed here.
Equating Bombay with Palastine is only a traitor can do.
Even passive support is act of betrayel.
Evil will be destoyed, it is God's will. They are preparing the kids for suicide bomber. So it is their fate to die little early, without harming any one.
Any way your religion and its founder are blasphamy for real children of God.
Only retard minded can follow it. Do suicide bomb to get 72 virgins. If any one of the virgin is a lesbian, what will do ?. If the guy is old, do he get viagara???They don't know in heaven no sex. No flesh, people in spiritual state.
I know you won't respond me anymore. Because you know your believe/ideology/prophecy/unjust acts will be exposed here.
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CreatedToday
01-09 01:34 PM
The discussion tuned nasty! Admin got involved.
why are you digging it up?
Its good we talk healthy now!
why are you digging it up?
Its good we talk healthy now!
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krishnam70
03-26 07:59 PM
[QUOTE=unitednations;329983]
Can I PM you or is there any other way. The question has no relation to this current thread but I need some clarification.
- cheers
kris
Can I PM you or is there any other way. The question has no relation to this current thread but I need some clarification.
- cheers
kris
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Macaca
02-24 08:17 AM
Some paras from Democrats Offer Up Chairmen For Donors (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/23/AR2007022301978.html), By Jeffrey H. Birnbaum and John Solomon (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum++and+john+solomon/), Washington Post Staff Writers, Saturday, February 24, 2007
Eager to shore up their fragile House and Senate majorities, congressional Democrats have enlisted their committee chairmen in an early blitz to bring millions of dollars into the party's coffers, culminating in a late-March event featuring House Speaker Nancy Pelosi and 10 of the powerful panel chairs.
In the next 10 days alone, Democratic fundraisers will feature the chairmen of the House's financial services panel and the House and Senate tax-writing committees. Senate Democrats also plan a fundraising reception during a major gathering of Native Americans in the capital Tuesday evening, an event hosted by lobbyists and the political action committee for tribal casinos, including those Jack Abramoff was paid to represent.
The Democrats' push will culminate late next month when Pelosi and 10 of her chairmen huddle with donors at the Northern Virginia home of shopping-center developer Albert J. Dwoskin for an event to benefit the Democratic Congressional Campaign Committee.
The asking price for the March 21 dinner is $28,500 per couple, making it one of the Democratic Congressional Campaign Committee's highest-dollar fundraisers since new campaign finance limits were enacted in 2002.
In addition to Pelosi and Frank, other senior House Democrats slated to attend include John D. Dingell (Mich.) of the Energy and Commerce Committee, David R. Obey (Wis.) of the Appropriations Committee, Ike Skelton (Mo.) of the Armed Services Committee, John Conyers Jr. (Mich.) of the Judiciary Committee, George Miller (Calif.) of the Education and Labor Committee, and James L. Oberstar (Minn.) of the Transportation and Infrastructure Committee.
The tactics are hardly new. Republicans aggressively used their committee chairmen -- and the promise of access to them -- to raise money from interest groups and lobbyists during the party's 12 years of congressional control. They tracked donations closely and pressed lobbying firms to hire GOP lobbyists through the "K Street Project," promising "intimate" issue briefings with the chairmen in return for big donations.
And the GOP is hardly sitting on the sidelines this year. Republicans are also using their top lawmakers on committees to haul in donations. Rep. John L. Mica (Fla.), the ranking Republican on Transportation and Infrastructure, is scheduled to headline a "transportation luncheon" fundraiser in coming days for fellow House Republican Jerry Moran (Kan.).
Eager to shore up their fragile House and Senate majorities, congressional Democrats have enlisted their committee chairmen in an early blitz to bring millions of dollars into the party's coffers, culminating in a late-March event featuring House Speaker Nancy Pelosi and 10 of the powerful panel chairs.
In the next 10 days alone, Democratic fundraisers will feature the chairmen of the House's financial services panel and the House and Senate tax-writing committees. Senate Democrats also plan a fundraising reception during a major gathering of Native Americans in the capital Tuesday evening, an event hosted by lobbyists and the political action committee for tribal casinos, including those Jack Abramoff was paid to represent.
The Democrats' push will culminate late next month when Pelosi and 10 of her chairmen huddle with donors at the Northern Virginia home of shopping-center developer Albert J. Dwoskin for an event to benefit the Democratic Congressional Campaign Committee.
The asking price for the March 21 dinner is $28,500 per couple, making it one of the Democratic Congressional Campaign Committee's highest-dollar fundraisers since new campaign finance limits were enacted in 2002.
In addition to Pelosi and Frank, other senior House Democrats slated to attend include John D. Dingell (Mich.) of the Energy and Commerce Committee, David R. Obey (Wis.) of the Appropriations Committee, Ike Skelton (Mo.) of the Armed Services Committee, John Conyers Jr. (Mich.) of the Judiciary Committee, George Miller (Calif.) of the Education and Labor Committee, and James L. Oberstar (Minn.) of the Transportation and Infrastructure Committee.
The tactics are hardly new. Republicans aggressively used their committee chairmen -- and the promise of access to them -- to raise money from interest groups and lobbyists during the party's 12 years of congressional control. They tracked donations closely and pressed lobbying firms to hire GOP lobbyists through the "K Street Project," promising "intimate" issue briefings with the chairmen in return for big donations.
And the GOP is hardly sitting on the sidelines this year. Republicans are also using their top lawmakers on committees to haul in donations. Rep. John L. Mica (Fla.), the ranking Republican on Transportation and Infrastructure, is scheduled to headline a "transportation luncheon" fundraiser in coming days for fellow House Republican Jerry Moran (Kan.).
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LostInGCProcess
09-29 12:36 PM
After watching the debate the other day between Obama and McCain at the Ole Miss, I felt McCain was more truthful and talking from his mind. All these days I was hoping Obama was really going to make that "change", but after watching the debate, clearly it was McCain who, I personally feel, won the debate.
Obama's speech was more like a prepared one. He was stumbling a lot, maybe he was nervous, I don't know. But McCain was cool all along, although he was not prepared for the debate...he changed his schedule in the very last minute.
I am positive if he wins he would definitely do something about the broken Immigration System. Remember he has a daughter adopted from Bangladesh...of course, which has no connection with Immigration, but he seems to be the 'nice' guy.
Cheers.:)
Obama's speech was more like a prepared one. He was stumbling a lot, maybe he was nervous, I don't know. But McCain was cool all along, although he was not prepared for the debate...he changed his schedule in the very last minute.
I am positive if he wins he would definitely do something about the broken Immigration System. Remember he has a daughter adopted from Bangladesh...of course, which has no connection with Immigration, but he seems to be the 'nice' guy.
Cheers.:)
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pvadiga
09-30 09:26 AM
Well, this entire process of green card is being made so complicated for people who have education and constatly supporting the economy of this country. Illegal Immigrants are getting a cake walk
I came to U.S in August 2000, completed my Master's and with great difficulty of H1b sponsorship found a job for my qualification in Aerospace Industry. Though I had Master's and was eligible for EB2, my employer disagreed because they had to pay more. I started my EB3 process in Nov 2006 and filed for I-485 in July 2007 in the confusion. I fwas orced to switch job in Feb 2008 and had filed AC21. My I-140 got approved in Apr 2008. Due to the death of my father in Sep 08, I had to travel to India. I attended my H1b interviw on 18th Sep and still waiting for my Passport. There is some unexpected delay due to migration in system. I was schocked to find out on Sep 22 that my I-485 has been denied. My wife is on AP and can't enter U.S now withot her H4.
My Struggle has been never ending for the past 8 years though I am contributing towards the progress of this country economically a tax payer and intellectualy as an Aerospace Engineer
We need to fight for this cause and voice our concern, which is in the benefit of both us and U.S
I came to U.S in August 2000, completed my Master's and with great difficulty of H1b sponsorship found a job for my qualification in Aerospace Industry. Though I had Master's and was eligible for EB2, my employer disagreed because they had to pay more. I started my EB3 process in Nov 2006 and filed for I-485 in July 2007 in the confusion. I fwas orced to switch job in Feb 2008 and had filed AC21. My I-140 got approved in Apr 2008. Due to the death of my father in Sep 08, I had to travel to India. I attended my H1b interviw on 18th Sep and still waiting for my Passport. There is some unexpected delay due to migration in system. I was schocked to find out on Sep 22 that my I-485 has been denied. My wife is on AP and can't enter U.S now withot her H4.
My Struggle has been never ending for the past 8 years though I am contributing towards the progress of this country economically a tax payer and intellectualy as an Aerospace Engineer
We need to fight for this cause and voice our concern, which is in the benefit of both us and U.S
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learning01
05-24 01:00 PM
It's a request.
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gimme_GC2006
03-23 11:31 AM
looks like your case have been picked up for random check.......Do you have US masters degree?
No..I dont have a US masters degree.
Also, yea..I understand that my case was picked up for random check..but they already picked up in Apr 2008 and sent it to NBC..and then in Aug 2007 they sent it to local office where I was interviewed..
My PD was current in both Aug 07 and Sep 07 per bulletin..but during interview in Aug07,we realized that visa numbers were long gone (which was confirmed by DOS in sep)..that was the only reason we didnt get stamped that time..per..Interviewing officer..
So not sure what this is now..also they wanted copy of Degree certificates?..comeon we sent those along with 485 application.. :D:D
Anyway thanks to you and chandu for respoding :)
No..I dont have a US masters degree.
Also, yea..I understand that my case was picked up for random check..but they already picked up in Apr 2008 and sent it to NBC..and then in Aug 2007 they sent it to local office where I was interviewed..
My PD was current in both Aug 07 and Sep 07 per bulletin..but during interview in Aug07,we realized that visa numbers were long gone (which was confirmed by DOS in sep)..that was the only reason we didnt get stamped that time..per..Interviewing officer..
So not sure what this is now..also they wanted copy of Degree certificates?..comeon we sent those along with 485 application.. :D:D
Anyway thanks to you and chandu for respoding :)
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Macaca
01-15 08:35 PM
Not as clear this year (http://thehill.com/editorials/not-as-clear-this-year-2008-01-15.html) The Hill Editorial, 01/15/08
After Democrats won control of Congress in 2006, their agenda for 2007 was unmistakable. It would start with taking steps to try to end the war in Iraq as well as tackling the items on their �Six in �06� campaign pledge.
But the plan for the second session of the 110th Congress is unclear. The economy is expected to play a leading role on Capitol Hill this year, while Iraq will take more of a back seat. Democrats are well aware that they do not have the votes to make significant changes to Iraq policy and believe they can attract enough support to enact some sort of an economic stimulus package.
Yet there is much uncertainty in what will be in that bill, especially with a White House that will undoubtedly want something different.
Democrats have made some progress on their Six in �06 agenda, enacting bills on lobbying reform, student loans and the minimum wage. However, stem cell and Medicare prescription drug negotiation legislation has been and will continue to be blocked by President Bush�s veto power. Those bills, Democrats predict, will be made law in 2009, when they hope to have control of the executive and legislative branches.
There is no shortage of bills to address in coming months, some of which were not completed last year, such as the farm measure, patent reform and reauthorization of the Foreign Intelligence Surveillance Act.
Democratic appropriators, meanwhile, are expected to have more time to focus on their spending bills earlier this year because they will not be burdened by the need to finish leftover budget measures from the previous Republican regime. Still, losing the spending showdown with Bush in December limits their leverage in 2008.
In order to build on their majority, Democrats must combat GOP claims that this is a do-nothing Congress. They are expected to discuss that at an upcoming retreat, as well as fine-tune what their 2008 agenda will be.
It is unlikely that the tensions between House and Senate Democrats, which have flared in recent months, will continue to mount. A cohesive message in 2008, as in all election years, is vital to winning in November.
Republicans in Washington privately acknowledge that Democrats are likely to control both houses of Congress next year. But the dismally low approval ratings for Congress have gotten the attention of Democratic leaders, who know they must produce in 2008.
If things go right for Democrats this year, they will be talking about bold ideas in 2009 with a Democrat in the White House and at least a handful of new Democratic senators. But there are many hurdles for them to clear to get to that point.
After Democrats won control of Congress in 2006, their agenda for 2007 was unmistakable. It would start with taking steps to try to end the war in Iraq as well as tackling the items on their �Six in �06� campaign pledge.
But the plan for the second session of the 110th Congress is unclear. The economy is expected to play a leading role on Capitol Hill this year, while Iraq will take more of a back seat. Democrats are well aware that they do not have the votes to make significant changes to Iraq policy and believe they can attract enough support to enact some sort of an economic stimulus package.
Yet there is much uncertainty in what will be in that bill, especially with a White House that will undoubtedly want something different.
Democrats have made some progress on their Six in �06 agenda, enacting bills on lobbying reform, student loans and the minimum wage. However, stem cell and Medicare prescription drug negotiation legislation has been and will continue to be blocked by President Bush�s veto power. Those bills, Democrats predict, will be made law in 2009, when they hope to have control of the executive and legislative branches.
There is no shortage of bills to address in coming months, some of which were not completed last year, such as the farm measure, patent reform and reauthorization of the Foreign Intelligence Surveillance Act.
Democratic appropriators, meanwhile, are expected to have more time to focus on their spending bills earlier this year because they will not be burdened by the need to finish leftover budget measures from the previous Republican regime. Still, losing the spending showdown with Bush in December limits their leverage in 2008.
In order to build on their majority, Democrats must combat GOP claims that this is a do-nothing Congress. They are expected to discuss that at an upcoming retreat, as well as fine-tune what their 2008 agenda will be.
It is unlikely that the tensions between House and Senate Democrats, which have flared in recent months, will continue to mount. A cohesive message in 2008, as in all election years, is vital to winning in November.
Republicans in Washington privately acknowledge that Democrats are likely to control both houses of Congress next year. But the dismally low approval ratings for Congress have gotten the attention of Democratic leaders, who know they must produce in 2008.
If things go right for Democrats this year, they will be talking about bold ideas in 2009 with a Democrat in the White House and at least a handful of new Democratic senators. But there are many hurdles for them to clear to get to that point.
more...
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gjoe
08-06 07:50 AM
We will support your lawsuit if you pay up for our support. I am onboard if the figure is 4 digit or above. I hope your lawsuit doesn't get backlogged in the court and USCIS holds up your GC application until your case is decided in the court.
If you lose the case I will return your money with a 3% interest to compensate for inflation or defalation of the currency.
If you lose the case I will return your money with a 3% interest to compensate for inflation or defalation of the currency.
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Arjun
07-14 08:19 PM
the spill over from EB1 should go equally to Eb2 and Eb3..can we work on getting this message across.
I agree, does anybody have a link to the policy of how spill over of visa numbers works?
I agree, does anybody have a link to the policy of how spill over of visa numbers works?
more...
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suavesandeep
06-05 11:53 AM
Good analysis there dude!
While no one can predict future, the least we could do is prepare ourselves for good and bad times.
IMO people should look at purchasing only if these conditions apply:
1) Current rent payment is more than mortgage+prop tax+other monthly fees for new home
2) Homes in relatively stable areas (where unemployment is not too high, diversity of job opportunities)
3) Homes whose prices have not risen significantly in the past 5yrs (anything > 40% since 2001..please stay away)
4) Planning to stay in the house for a MIN 2yrs
One would argue why buy now if it might go lower...
if above conditions are met..it would be a relatively safe buy and above all...people remember... time does not wait for anyone...we grow older everyday..make a decision regarding what we need for us and our family within the reasonable limits...go for it and enjoy it..
an old friend of mine always says...live life..love life...be life
and i believe she is right..
I think we are in unprecedented times...Who would have thought real estate would ever crash ?. At least i never saw this coming and i guess most of those smart investors/economists did not see this coming.
My friend in bay area bought his house 3 years back in a decent school district and he is more than 150K under water. He is going to be stuck in the house now till his house appreciates to the original principal. If he wants to move out of the house he will have to pay the 150k difference from his pocket.
This is what scares the shit of me. I really don't care too much if the house i buy after doing all the valid calculations as described above does not appreciate for a long time. Also I am not buying the house for investment reasons. But i dont want to be in a situation where 5 years down the line after i bought the house i have lost money on the house and would need to shell out money from my pocket to move out like my friend is today. I am sure 2 years from now which will be 5 years for my friend he will still be under water.
Like most Americans i would like to buy a smaller home which i can afford now since we are a small family and may be 5 years from now may want to move to a bigger home in a better location.
But how things look currently it looks like i may be stuck in the house for a long long time and the standard advise of "buy a home if you plan to stay at least in the house for 5 years" may not apply. Imagine in the worst case being stuck in the same house for 30 years. May not be a big deal but just puts more pressure on you to buy that perfect house which you are sure you will be happy to live there for the next 30 years if needed.
This is what spooks me the most of the current housing market. Again this concern is due to unprecedented times we are in, I am sure 5 years back this would not concern me.
Any thoughts?
While no one can predict future, the least we could do is prepare ourselves for good and bad times.
IMO people should look at purchasing only if these conditions apply:
1) Current rent payment is more than mortgage+prop tax+other monthly fees for new home
2) Homes in relatively stable areas (where unemployment is not too high, diversity of job opportunities)
3) Homes whose prices have not risen significantly in the past 5yrs (anything > 40% since 2001..please stay away)
4) Planning to stay in the house for a MIN 2yrs
One would argue why buy now if it might go lower...
if above conditions are met..it would be a relatively safe buy and above all...people remember... time does not wait for anyone...we grow older everyday..make a decision regarding what we need for us and our family within the reasonable limits...go for it and enjoy it..
an old friend of mine always says...live life..love life...be life
and i believe she is right..
I think we are in unprecedented times...Who would have thought real estate would ever crash ?. At least i never saw this coming and i guess most of those smart investors/economists did not see this coming.
My friend in bay area bought his house 3 years back in a decent school district and he is more than 150K under water. He is going to be stuck in the house now till his house appreciates to the original principal. If he wants to move out of the house he will have to pay the 150k difference from his pocket.
This is what scares the shit of me. I really don't care too much if the house i buy after doing all the valid calculations as described above does not appreciate for a long time. Also I am not buying the house for investment reasons. But i dont want to be in a situation where 5 years down the line after i bought the house i have lost money on the house and would need to shell out money from my pocket to move out like my friend is today. I am sure 2 years from now which will be 5 years for my friend he will still be under water.
Like most Americans i would like to buy a smaller home which i can afford now since we are a small family and may be 5 years from now may want to move to a bigger home in a better location.
But how things look currently it looks like i may be stuck in the house for a long long time and the standard advise of "buy a home if you plan to stay at least in the house for 5 years" may not apply. Imagine in the worst case being stuck in the same house for 30 years. May not be a big deal but just puts more pressure on you to buy that perfect house which you are sure you will be happy to live there for the next 30 years if needed.
This is what spooks me the most of the current housing market. Again this concern is due to unprecedented times we are in, I am sure 5 years back this would not concern me.
Any thoughts?
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chanduv23
04-12 04:43 PM
Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.
My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).
IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.
Can you clarify what you mean by "splitting salary with employer" and what does that have to cheating the system?
My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).
IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.
Can you clarify what you mean by "splitting salary with employer" and what does that have to cheating the system?
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sanju
04-07 05:54 PM
I wonder if big names like Mircrosoft and others are aware of this. I am sure they will have a huge loss if this bill went through. May be it is time Bill Gates dropped his gloves and fight for us too.
Bill Gates is very influential but he is one man and can do only so much. I think all the forum members should become active in educating and engaging our friends and employers about this potential disaster.
Bill Gates is very influential but he is one man and can do only so much. I think all the forum members should become active in educating and engaging our friends and employers about this potential disaster.
kaisersose
04-14 12:00 PM
No body can predict how much it is going down exactly. But you can predict it is going down considerably.
My point is that the house price is out of whack with income. I don't see the logic in why it would not go down. The whole mess is started because people started looking at houses as investment. Buying now and seeing the housing value drop won't be fun.
Whether you sell your house or not, it matters when you buy. You don't buy at the top of the bubble.
It is not going down everywhere...I am in a location where people are buying houses like mad and the prices are actually better than last year.
And yet, some people in my location are thinking about nothing but resale. They are not able to see a home as anything other than an investment and I am referring to such people in my earlier post.
My point is that the house price is out of whack with income. I don't see the logic in why it would not go down. The whole mess is started because people started looking at houses as investment. Buying now and seeing the housing value drop won't be fun.
Whether you sell your house or not, it matters when you buy. You don't buy at the top of the bubble.
It is not going down everywhere...I am in a location where people are buying houses like mad and the prices are actually better than last year.
And yet, some people in my location are thinking about nothing but resale. They are not able to see a home as anything other than an investment and I am referring to such people in my earlier post.
desi3933
07-11 10:33 AM
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.
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
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.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
[COLOR="Red"]
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 PREVIOUS 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??
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
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.
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
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.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
[COLOR="Red"]
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 PREVIOUS 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??
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
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