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  • svn
    03-31 07:27 PM
    USCIS seems to be making a coordinated attempt to preadjudicate in order to avoid future backlogs (to achieve their metrics on processing times). See thread on Processing Time Targets they have set for themselves: http://immigrationvoice.org/forum/showthread.php?t=24747





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  • Macaca
    03-27 08:14 AM
    Lobbying Is Lucrative. Sometimes Very, Very Lucrative (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/26/AR2007032602027.html), By Jeffrey H. Birnbaum, Tuesday, March 27, 2007

    Lobbyists, as they say, make the big bucks. That's why so many lawmakers, congressional staffers and political appointees move downtown when they leave government.

    So just how lucrative is it? Well, pretty lucrative. According to new data from the Center for Responsive Politics, 22 clients paid $1 million or more in lobby fees to individual lobbying firms last year.

    Three of the biggest payments went to the usual suspects: Patton Boggs, Hogan & Hartson and DLA Piper -- all major law firms. But two of the top five recipients were small shops you have probably never heard of: Canfield & Associates and New Frontiers Communications Consulting.





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  • panky72
    08-20 06:55 PM
    An old man lived alone in Minnesota. He wanted to spade his potato garden, but it was very hard work. His only son, who would have helped him, was in prison. The old man wrote a letter to his son and mentioned his situation:

    Dear Son,

    " I am feeling pretty bad because it looks like I won't be able to plant my potato garden this year. I hate to miss doing the garden, because your mother always loved planting time. I'm just getting too old to be digging up a garden plot. If you were here, all my troubles would be over. I know you would dig the plot for me, if you weren't in prison
    ............. ......... .......Love, Dad "

    Shortly, the old man received this telegram : "For Heaven's sake, Dad, don't dig up the garden!! That's where I buried the GUNS!!"

    At 4 a.m. the next morning, a dozen FBI agents and local police officers showed up and dug up the entire garden without finding any guns.

    Confused, the old man wrote another note to his son telling him what happened, and asked him what to do.

    His son's reply was: "Go ahead and plant your potatoes, Dad......... ...... It's the best I could do for you from here."

    Moral:
    NO MATTER WHERE YOU ARE IN THE WORLD, IF YOU HAVE DECIDED TO DO
    SOMETHING DEEP FROM YOUR HEART, YOU CAN DO IT. IT IS THE THOUGHT THAT MATTERS NOT WHERE YOU ARE OR WHERE THE PERSON IS.





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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."



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  • sdrblr
    03-23 11:57 AM
    I just wanted to point out that please be careful of what personal information you give as this is a "Incoming Call" and it is hard to verify the authenticity of it.





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  • Vsach
    08-08 08:09 PM
    Hi,

    In addition to what everyone else has recommended please contact Zoe Lofgren and seek help from Prakash the ombudsman and a personal meeting with Director Gonzales.

    All the best!

    VS



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  • desi3933
    08-05 09:14 AM
    ....
    ....

    Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    .....
    .....
    Thanks.


    This is the REAL reason why you think this is unfair practice.

    Would you mind sharing little details about yourself? Are you eb2 or eb3?

    And how about porting from eb3 to eb1? I am sure you don't mind as it does not hurt your case.

    Self-interest and jealousy are two motivating factors for you.

    ____________________________
    US Permanent Resident since 2002
    ** supports not counting dependents for EB Green cards **





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  • stuckinretro
    08-05 09:41 AM
    Not just EB3 to EB2 port but EB2 to EB2 as well. Consider you lose your present job and lose your entire GC process. When you find a new job(if any), you would want to port your old PD at your new employer when they file your fresh 140.

    So no one is immune, if you think you are, you are ignorant and do not know how complex a case can become.

    There are very few benefits that CIS provides for people who lose jobs and PD portability is one of them. enlighten yourself!

    The problem was Labor substitution, which was a nightmare for many of us here, and lot of people are still stuck because of it. DOL eliminated substitution 1 year ago and people whose 140's were filed then are still stuck in that backlog because of LC sub cases files on jul'16th. If you want to do anything do something on that end to ease the 140 backlogs.


    No i am not comparing this to labor substitution. Also, i do not think what you said is true for ALL the people trying to port to EB2 by some means.

    I intend to fight this legally and everyone else also has the same option of challenging my stand in court if they think i am wrong.

    I am just here to gauge support (not monetary support) for the lawsuit, and to see if there are some angles which i am missing that may aid me.



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  • Marphad
    12-27 08:44 AM
    I agree with you to a great extent. The Pakistani society is fractured right now, and there is nothing to unite the country than a conflict with India.

    Where I disagree with you is when you think that this is the calculus of the Pakistan army. I think the senior army (and civilian) leadership in Pakistan knows the Kargil episode too well. Kargil is fresh in their memories, and they know that a conflict with India is not worth the costs. Plus, if we are to assume that the Pakistan army was behind the 2001 Parliament attack, then again we know that the Pakistan army had to back down that time too....So, unless the Pakistan army is run by Beavis and Butthead who repeatedly touch a hot object and go 'ouch...ouch....ouch...ouch...ouch...', there is no reason for them to do this.....

    So I think, that its the militant elements that are being squeezed by the Pakistan army and NATO, and not the the Pakistan army, that pulled this off.
    (I must also add that I have a bias to believe that; thats just natural.) Everytime we see Indian and Pakistani relations improving, something blows up somewhere, and things are back to square one.




    I wonder if you attribute any of that to the media coverage of the event. Especially the 'live tv' aspect of it.
    I don't think a bomb blast with the same number of casualties would have had this much impact.
    I also think the media could have acted more responsibly than it did. I was somewhat disappointed by Pakistani media. I think there was too much bias and not so much objectivity in the coverage. I am afraid the Indian media would have acted in a similar manner too....

    Alisa, you sound like rational Pakistani who can think and judge the things by oneself. I wish % like you people increase in Pakistan.





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  • saveimmigration
    08-05 10:41 PM
    Totally agree. This letter is factually incorrect.
    If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
    Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?


    Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1



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  • gccovet
    08-07 03:40 PM
    Political Science for Dummies



    DEMOCRAT
    You have two cows.
    Your neighbor has none.
    You feel guilty for being successful.

    You push for higher taxes so the government can provide cows for everyone.

    REPUBLICAN
    You have two cows.
    Your neighbor has none.
    So?

    SOCIALIST
    You have two cows.
    The government takes one and gives it to your neighbor.
    You form a cooperative to tell him how to manage his cow.

    COMMUNIST
    You have two cows.
    The government seizes both and provides you with milk.
    You wait in line for hours to get it.
    It is expensive and sour.

    CAPITALISM, AMERICAN STYLE
    You have two cows.
    You sell one, buy a bull, and build a herd of cows.

    BUREAUCRACY, AMERICAN STYLE
    You have two cows.
    Under the new farm program the government pays you to shoot one, milk the other, and then pours the milk down the drain.

    AMERICAN CORPORATION
    You have two cows.
    You sell one, lease it back to yourself and do an IPO on the 2nd one.
    You force the two cows to produce the milk of four cows. You are surprised when one cow drops dead. You spin an announcement to the analysts stating you have downsized and are reducing expenses.
    Your stock goes up.

    FRENCH CORPORATION
    You have two cows.
    You go on strike because you want three cows.
    You go to lunch and drink wine.
    Life is good.

    JAPANESE CORPORATION
    You have two cows.
    You redesign them so they are one-tenth the size of an ordinary cow and produce twenty times the milk.
    They learn to travel on unbelievably crowded trains.
    Most are at the top of their class at cow school.

    GERMAN CORPORATION
    You have two cows.
    You engineer them so they are all blond, drink lots of beer, give excellent quality milk, and run a hundred miles an hour.
    Unfortunately they also demand 13 weeks of vacation per year.

    ITALIAN CORPORATION
    You have two cows but you don't know where they are.
    You break for lunch.
    Life is good.

    RUSSIAN CORPORATION
    You have two cows.
    You have some vodka.
    You count them and learn you have five cows.
    You have some more vodka.
    You count them again and learn you have 42 cows.
    The Mafia shows up and takes over however many cows you really have.

    TALIBAN CORPORATION
    You have all the cows in Afghanistan , which are two.
    You don't milk them because you cannot touch any creature's private parts.
    You get a $40 million grant from the US government to find alternatives to milk production but use the money to buy weapons.

    IRAQI CORPORATION
    You have two cows.
    They go into hiding.
    They send radio tapes of their mooing.

    POLISH CORPORATION
    You have two bulls.
    Employees are regularly maimed and killed attempting to milk them.

    BELGIAN CORPORATION
    You have one cow.
    The cow is schizophrenic.
    Sometimes the cow thinks he's French, other times he's Flemish.
    The Flemish cow won't share with the French cow.
    The French cow wants control of the Flemish cow's milk.
    The cow asks permission to be cut in half.
    The cow dies happy.

    FLORIDA CORPORATION
    You have a black cow and a brown cow.
    Everyone votes for the best looking one.
    Some of the people who actually like the brown one best accidentally vote for the black one.
    Some people vote for both.
    Some people vote for neither.
    Some people can't figure out how to vote at all.
    Finally, a bunch of guys from out-of-state tell you which one you think is the best-looking cow.

    CALIFORNIA CORPORATION
    You have millions of cows.
    They make real California cheese.
    Only five speak English.
    Most are illegal.
    Arnold likes the ones with the big udders.





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  • pete
    04-09 08:43 AM
    What is deep six??



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  • krishna.ahd
    01-06 04:14 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 elected CM by people of Gujarat , also third time in a row, so you know now what people of Gujarat wants.





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  • gimme_GC2006
    04-13 09:36 PM
    Dear friend - looks like ur sugar levels are going up and down - hang in there. I think you will be fine. Thanks for sharing your experiences with people here.

    hehhehe..yeah my sugar levels and stock market indexes have synchronized themselves very well now..next up/down is always a guess :p



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  • dartkid31
    05-31 07:28 PM
    I think Lou Dobbs is mostly comic relief for most of us at this point. The only tragedy in this scenario is that he has access to idiot boxes across the country for an hour eveyday, and there are people who wholeheartedly believe the drivel he spews everyday. :( CNN should be embarrassed.





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  • a_yaja
    05-15 03:54 PM
    How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!

    Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.

    I am not sure after reading your post above if you know the meaning of "consulting". To me it looks like you are focused on the narrow group that are labelled as "on-site" consultants. These are people you are hired by one company and perform their activities at a client site. Even among these people, not all have taken up jobs under false pretext.
    First of all - consulting means performing work of temporary nature. It can be temporary due to any number of reasons - regular employee is on medical leave or on maternity leave, job is temp. in nature (an analogy would be that you hire a plumber to fix something in your house and you pay him either on a per-job basis or a per-hour basis) or you do not have expertise in-house to get the job done (the plumber analogy fits here too). Let me give you an example of each one of these.

    Regular Employee is on extended leave
    -------------------------------------
    You are the owner of a company and your office manager is going on maternity leave for 6 months. You call a temp. agency and fill the office manager's position for 6 months. If one were to go by your definition, you would either fire your regular employee and hire a new one or you would hire the second person and fire him/ her when the regular employee is back or you would pay both of them wages

    Job is temp. in nature
    ---------------------
    You are the IT manager in a big company and you have been asked to develop a new software application. To develop this application, you require 5 developers and 2 dbas over a period of 6 months. After the application is developed, you need only 2 developers and 1 dba to maintain the application. If one were to go by your logic, you would fire 3 developers and 1 dba after the application has been developed after 6 months. Or - you would just keep all of them on the payroll and the 3 developers and 1 dba will just be coming to the office and doing nothing. If you are really smart, you will hire 2 developers and 1 dba full time and call a temp. agency to fill the other 4 positions on a temp. basis.

    You do not have the expertise in-house to get the job done
    ----------------------------------------------------------
    You are the President of a large University and as part of local zoning laws, you need to make sure that your Heating, Ventilation and AC system (HVAC) meets the prescribed design and safty regulations. Going by what you just said, you would hire a person to make sure that everything is in order and submit the findings to the local board and then fire the person after the local zoning commision has cleared your university (one would question how you became the University President in the first place - but that is a totally different story). The other thing to do would be to call a certified Engineering company who specialize in this field and get them to do the job.

    If you want to shut down a system because there are some bad apples, then all I can say is that you have a closed mind and you are not willing to think beyond what you see. You would be a classic example of a person whose H1B should not be renewed - if infact you are here on a H1B. If you are not, then I am sure that you will find more support in forums like NumbersUSA.



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  • vamsi_poondla
    09-27 10:07 AM
    I wish Obama wins. His team has more clarity on many issues and he has the zeal like JFK for making things happen. But, a big but - I am very concerned about our Employment Based immigration. If he gets to win (I wish he does..as someone who want to see America regain it's global position not just with might but also being morally right), I am worried if it would be Sen. Durbin who will dictate the immigration policy.

    I wish we get some clarity in this aspect. In the economic downturn, I wish to work more than I ever did and see that US comes out of recession fast. But for that I have to be inside the country first. I have to be given a fair chance to contribute to this economy first and I need to be treated with respect and honor.





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  • redcard
    03-23 12:07 PM
    I just wanted to point out that please be careful of what personal information you give as this is a "Incoming Call" and it is hard to verify the authenticity of it.


    Be very careful of these calls. I am not sure why would USICS call up when they have unlimited Postal Budget. In case they do need anything I am sure they would send a letter asking for information. Secondly if they do call, its always safe to ask the name and phone number of the person calling and say that you would call back or check with your attorney before giving out any information. I would not be surprised if the vigilante groups who are working against the EB immigration system could be doing this. As regard to emailing documents, I would personally ask for a mailing address and send it to them by overnight through a documented carrier rather then an email.

    Lets not forget even Sarah Palin got a call from Nicolas Sarkozy :)





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  • xyzgc
    12-20 03:44 PM
    I was saddened and anguised with the terrrorist attacks that happened in Mumbai. I hope India follows up on its tough talk and goes after the perpetrators, no matter their affliation or the consequences. That was a provocation and I would love to see LeT or anyone else responsible to pay for it.

    But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims. But this guilt-by-association should not have any place in modern society though sadly it does. There have been subtle and some not-so-subtle attempts on IV to protray all muslims as terrorists or all terrorists as muslim.

    I agree that there are a lot of current terrorist activities that can be attributed to muslims and I condemn them. But Indian muslims have stood up against this latest incident. They are asked to wear their allegiance on the sleeve as if they are in some way responsible for this heinous crime. There are numerous examples of non-muslims who are terrorists but in my view that does not render the whole community as such. The gujarat genocide, the attacks on christians in Orissa and other parts are led by the VHP/RSS but the right wing marketing blitz has been so effective, a lot of people have defended this as a reaction. That is exactly the kind of excuse the LeT or any other terrorist organization would make.

    Why is it so hard to say - Lets punish the guilty irrespective of their name or religion. Lets have a transparent Criminal justice system. Lets investigate any crime before guilty verdict is pronounced. That would render ineffective any propaganda that extremists use to recruit new members. Most of the people in this forum live in America and the law of this country would be in my view a good example of punishing the guilty irrespective of who and where they come from.

    Agree with parts of it.
    Disagree strongly with your statement

    But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims.


    Most muslims are NOT upset with the mumbai incident, especially muslims in Pakistan. They floated the theory that this was the handiwork of Hindus and Kasam (or whatever the name is) is saffron and not green.
    Only Some muslim moderates sound very sincere in condemning it.
    You need to do some reading before making some statements.

    On this forum itself there are folks like buddysinfo a.k.a aCool who have been leaving very filthy, unspeakable offline messages like mf***r, sf***r, ur mom f****d by paki, chop ur d**k off and so forth...a lot of these folks kept saying everything was a security failure, over and over again. Nobody is denying that but its an attempt to create a diversion. Just like politicians.
    Check out the closed thread "Mumbai attacked". Read through it properly and if you are a non-muslim/unbiased muslim, please accept the truth.

    Having said that, its wrong not to channelize your energy properly and bad mouth the entire community and IV threads are not to be used for it. I did it myself and I admit its wrong but its NOT gonna change the truth.





    willwin
    07-13 04:01 PM
    At the outset, I am not against EB3, but lets think about this for a moment. Any logic that we use to break up spillover between EB2 and EB3 can also easily be applied to EB1 and EB2. I'll repeat an earlier post of mine. "How can EB1 of 2008 get the GC immediately when EB2-I (in my case) has to wait for more than 4 years - clearly preference is at play here".

    Any spilt will artificially retrogress EB2 more than what it otherwise would have. Similarly one can always argue to artificially retrogress EB1 to give more visas to EB2 just because someone from EB2 is waiting for 4 years.
    Isnt that against the law. Any break up of spill over visas invalidates the category preference as per current law.

    Please also note that any unfavorable change to the EB1 category based on a hypothetical approval of an EB2/EB3 break up will invite the attention of Fortune 500 companies and prestigious research/educational institutions (who use EB1 the most) with all their political and financial resources at their disposal. That could put a halt to everything.

    Irrational passion calls for dispassionate rationality.

    Delax, EB1 with PD 2008 is getting their GC within months not because they utilize an 100% spill over from 'somewhere'. It is just because they do not have enough applicants in the queue and hence no retrogression.

    Honestly, 'i don't think' the 'advantage' that EB3 and EB2 have - using spillover from other categories. Correct me if I was wrong.





    chanduv23
    05-16 06:09 AM
    What if they give you all a chance for applying 485 and retaining PD before they ban h1b consulting??? I guess, you all will be happy with Durbin adn Grassley ;) ;) ;)

    The h1b system was designed to create brain drain in developing nations and bring them to America, but because of the implementation methodologies the opposite is happening, good people are either moving back or not coming or stuck with an employer which is not good for the economy.

    America gains nothing by banning h1b people - I am sure some provision will be there to protect people and get a fair chance towards imigration even if consulting etc.. practices are modified to work in correct methodologies.



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