Tuesday, August 2, 2011

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  • chintu25
    08-05 10:14 AM
    A man flying in a hot air balloon realized he was lost. Reducing altitude, he spotted a man on the ground and descended to shouting range.

    "Excuse me," he shouted. "Can you help me? I promised my friend I would meet him a half hour ago, but I don't know where I am."

    The man below responded: "Yes. You are in a hot air balloon, hovering approximately 30 feet above this field. You are between 40 and 42 degrees North Latitude, and between 58 and 60 degrees West Longitude."

    "You must be an engineer," responded the balloonist.

    "I am," the man replied. "How did you know?"

    "Well," said the balloonist, "everything you have told me is technically correct, but I have no idea what to make of your information, and the fact is I am still lost."

    Whereupon the man on the ground responded, "You must be a manager."

    "That I am" replied the balloonist, "but how did you know?"

    "Well," said the man, "you don't know where you are, or where you're going. You have made a promise which you have no idea how to keep, and you expect me to solve your problem. The fact is you are in the exact same position you were before we met, but now it is somehow my fault."





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  • unitednations
    03-24 07:56 PM
    http://www.ca5.uscourts.gov/opinions/pub/98/98-60340.CV0.wpd.pdf

    Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.

    Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).

    The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.

    USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.

    Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.

    Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.

    However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.





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  • H1B-GC
    02-21 03:41 PM
    An Avg. American gives an Damn to this 1/2 ton Polar Bear. When the Former CNN President Kicked this Polar Bear out of CNN in 2000, he Started advising the Fortune 100 Companies to Outsource Jobs to cut Costs in his new Job Profile and now he calls them Benedict Arnold.What a sick Mind he has!!





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  • pthoko
    07-11 05:27 PM
    Putting more pressure on the UN

    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.

    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.



    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 PREVIUOS 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??




    Thanks.



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  • malaGCPahije
    07-14 09:29 AM
    Do you have any idea what are you talking about and why are you talking about? In which year you entered into this GC hell queue? I would suggest you to go through last 8 years of EB category happenings and then you would realize why EB3-India are frustrated....I would generally write but before that I would think first and then write. Best Luck.

    Eb2- I people are wrong when they think any steps taken by EB3-I are because of jealousy. I have contributed in each of IV effort knowing fully well that Eb3I is not going to be benefited by the effort. Still someone was getting the benefit. Now if EB3I want to do something, what is the issue? If a person from Eb2I with PD of 2006 feels that the reason behind efforts taken by a EB3 I person with PD of 2001/2002 is jealousy, then the EB2I person is being very narrow in his/her thinking. It should not take a huge amount of brainpower to realize the frustration and sadness the EB3 I person would be feeling. Irrespective of this I think a lot of people who contribute to IV campaigns are EB3I.

    Everyone irrespective of what category he or she is would very easily realize that Eb3I needs help, else it is going nowhere. By reading comments in this thread, my fear is coming true that the help needed may not come from IV. Once all EB2 people get their GC, there would be no further fight for EB3.





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  • abracadabra102
    12-26 08:03 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.

    Amma, I agree with first part of your post. We do not have to go to war with pakistan. It is on its death bed already. Pakistan will not dare attack India, but we should be prepared for such eventuality. You never know what a desperate nation can do!.

    I disagree with second part of your post. We can not and should not rely on some other power like US to sort out our issues. We are a sovereign nation and are capable of defending ourselves, whatever the cost may be. Yes, it will set us back economically and we may lose thousands of lives, but that is the price we must be willing to bear.



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  • looivy
    07-13 07:40 PM
    One of the qualifying criteria for EB2 is 5 years of experience. Right????

    If your I-485 application is stuck since July 2003 or prior, you are automatically EB2 by that rule. Are you not? You have been working for 5 years atleast.

    The revised rule should be

    EB2 eligibile = Anybody with experience on labor > 5 years (this would not impact current EB2 folks) or whose labor is older than 5 years (this will make EB3 folks happier).

    Peace.





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  • RNGC
    10-01 06:33 PM
    I am the only employee working for my H1 sponsoring company for past 9 years! I always worked for huge clients and everyplace I worked, I was offered a full time job, but my immigration status prevented from taking those offers. My H1 sponsoring company have been benefitting all these years because of the broken legal immigration system and I am just working as hard as I can but someone else (my H1 sponsoring company) benefits from that.

    We may need to hold another massive rally in DC to highlight our cause.



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  • xyzgc
    12-20 03:19 PM
    Abdul Rehman Antulay. Current cabinet minister and EX Maharastra CM. The guy who created biggest cement scandal at the time and was exposed by Arun Shourie.

    http://en.wikipedia.org/wiki/A._R._Antulay

    He is a konkani muslim.http://en.wikipedia.org/wiki/Konkani_Muslims
    Famous Konkani Muslims - some good and some evil.

    * Makhdoom Ali Mahimi - Sufi Saint of Mahim
    * Abdul Rehman Antulay- Politician, ex-Chief Minister of Maharashtra
    * Mukri - Hindi Film Actor
    * Dawood Ibrahim - Underworld Kidnapping and Narcotics Kingpin
    * Shafi Inamdar - Hindi Film Actor
    * Fareed Zakaria - Editor, Newsweek
    * Rafique Zakaria - Famous Islamic Scholar and MP
    * Ghulam Parkar - Indian Cricketer
    * Usman Hajwane - Poet, Writer
    * Sharaf Kamali - Poet

    As a side note a lot of muslim terrorists come from Mumbra - a Bombay suburb. Its 70% musclemann,
    It was a town that formed Mughal outpost in the 14th century.
    http://en.wikipedia.org/wiki/Mumbra
    Worse, its a fairly literate town, that disposes the theory that terrorism is a direct offshoot of poverty and lack of education. Not true.





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  • dealsnet
    01-08 03:05 PM
    You think about using brain by them?? You kidding???
    Blind following the blind.

    What did they invent in this world.?
    May be using kids as suicide bombers.
    You may remember first attempt for Benezer's life by giving a 3 month old child covered with bombs, and it explode before she touched the child??


    All the religeous books were written based on contemporary circumstances. I have a friend named Mansuri, mentioned to me once why muslims don't eat turtles:

    "Few animals with hard shell were not hygenic or dangerous like crocodile. It was difficult to explain each animal separately to common people. So Mohammad advised that animals with hard shell should not be eaten. "

    Another one told by my friend Maqsood:

    "There were lots of cabella wars going on at the time of Mohammad. The prophet allowed to have more than one wives so that those ladies don't go on wrong route like prostitution. "


    Above examples seem acceptable over that time. At today they are not relevant anymore. Some people still want to follow the same words spoken 1300 years before literally without applying a slightest brain. They are abused and misguided by some selfish Mullahs who have their own agenda in life.

    Rather than abusing entire community, need to educate "spoiled kids" how they are misguided in current time. Unfortunately percentage of "spoiled kids" are very high as I mentioned in one of posts before.



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  • ssa
    06-25 03:41 PM
    Do you know a single well known rich guy that still rents (and owns zero real estate)? If you are so sure that you have the math right, go ahead and name some names!

    Rich guys first make their money and then buy houses. Reverse is not necessarily true. They are not rich because they bought houses. If money was no object for me I too will go ahead and buy house even it did not make strict financial sense. I'm not there yet.

    As for naming names, Warren Buffet who is plenty rich does not favor real estate as an investment vehicle. Real estate has has 1-2% average rate of return over the last 60 years barely keeping up with inflation barring crazy speculative booms like we recently had which quickly go bust. This is to be expected since house is an unproductive asset and unlike businesses (stocks/bonds) does not "produce" anything so in the long run it's price will roughly track the inflation.





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  • Pineapple
    11-09 02:20 PM
    Not to split hairs, but I do not think Lou Dobbs is really "Republican" as far as the core political philosophy of GOP goes, and the same goes for Tancerdo et all. All are extremist nuts and never had any mainstream following. But there is a difference: Forget the fact that he is a pathetic opportunist who switched from financial analysis to immigrant bashing simply because the latter generated more ratings than the former. He positions himself as a anti-globalization nativist, and would find more sympathizers in the loony left rather than the loony right. Tancerdo etc are thinly disguised white-supremacists / nativists and their natural base is the far far right Ku Klux Klan nuts.

    In any case, there is nothing special about this election which teaches us to ignore the idiots. Most americans are distinctly uncomfortable with the rants of these guys and therefore Lou dobbs would always remain irrelevant. The world moves not because Lou says it does.. it moves regardless.



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  • lfwf
    08-05 07:03 PM
    I have seen you post before, and with this post you lost some of my respect. You need to be rational and coherent if you want to debate the issue. Not emotional and silly.

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

    If EB2 is ill gotten, so is EB3. Lets all go home? Personally I am not in IT so if all IT is so fraudulent, I'm happy to see you all leave and finally get my GC :-)

    First argument: "EB2 requires advanced degree"

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

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


    This is the stupidest argument I have ever heard. In the US the Bachelors degree is the considered the basic or primary degree for thsoe that attend regular college. Anything above that is treated as "advanced". This rgument makes you truly truly look quite farcical.


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


    The law allows porting. the difinition of "equivelant' in work experience comes from a regulation/memo. Do some reasrch before posting.


    Third (these are my own points)

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


    Are you drunk today? When you get an F1 you have "non immigrant intent". the law recognizes that you can "change intent". If you tried getting an H1 or GC within 6 mnths of entering on a F1, USCIS would create a huge problem for you. This is also the basis for the ability to chnage jobs after a GC. that you can change your "intent" after a reasonable time. otherwise the Gc would be worthless.


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

    I have no cans of worms. I have "very advanced" degress and a job that no bachelors could ever do, even with 100 years experience - and that is by law.
    So I don't care for such arguments. You sound very scared on the other hand. What are you hiding?




    If I read correctly, every EB3 here thinks that most EB2 is fraud. Sounds like Numbers USA and PG talk to me. I'd like to remind you that thsoe folks whose language you are now talking, are even more opposed to EB3. take some time and read what they have to say about EB3 in the context of "best and brightest". I suggest seriously thinking before posting.





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  • rockstart
    07-14 03:37 PM
    Because when Eb3 ROW were getting approved they had no personal friends getting approved but suddenly now with Eb2 India moving forward they know people who will get GC soon and this hurts, when then see these people (friends) in temple or get together who will be (soon) GC holders and so this cry of fowl play comes in behind the mask of anonymus user id a vieled attack


    All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.



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  • hiralal
    06-07 09:38 PM
    Chances of loosing right now, is very slim, since everything is lost and if you still have a good healthy job, chances are you would have it, and if you have backup like double income, you are running in no probability zone.

    After your i485 gets denied, I am assuming you can file MTR and wait for it. More senior members may throw light but I am guessing you would have 2-3 months time to leave the country.
    . o.k. Thanks. I don't understand why chances of losing are slim ?
    it is not high but it is not slim either for those on EAD / H1. majority of jobs posted ask for GC. H1 is in complete mess if you talk to any immi lawyer (I have a friend who is lawyer and I heard the same from a lawyer on desi radio).
    buying one house may still be o.k. ...buying 2 - 3 houses to put it on rent is absolute nightmare ..my friend tried that too (he too believed earlier that land is best asset) ... the renter stopped paying rent and he had trouble in evicting him ..on top of it the renter painted the rooms in wierd colors ...also how do you chechk how many people are staying in the house that you give on rent ..it is messy all way around ..if you really believe in land then better to buy some REITS (that is in mess too right now). luckily I had economics in my final year in engg college and the first and the fundamental equation is relation between supply and demand.
    in this country land is in huge huge supply (just look around) and families are getting smaller and green cards is given to 60 year old's (who just leave).
    credit is tight and will be for a long long time ..baby boomers will start selling their homes once prices stop falling ...so supply is massive and less demand ..





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  • hetalvn
    09-19 05:04 PM
    hi
    they are taking social security, medicare taxes. while we are not getting any benefit out of it. they must stop taking social. they are taking this taxes based on that they will give us permanent status. now they have delayed process near to impossible for EB-3.
    Intent of social security and medicare is to support social security benefits, but when they are not granting any of this benefit they should stop taking it from us or should make green card processing faster.
    they should clarify this situation since they are taking money from us.
    hetal shah
    hetalvn@yahoo.com



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  • pthoko
    07-12 12:09 AM
    No one??





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  • mbartosik
    09-29 12:05 PM
    My primary reason for supporting Obama is environment...

    Obama truely supports renewable energy, and did not cave to placating the public with lowering gas tax. While I think that $15,000,000,000 per year may not be enough it is a start in the right direction.

    I got my green card earlier this year, and one of the first things that I did after getting it was contribute to Obama's primary campaign. Now I've been contributing to his election campaign (I'm sure that there's a public access site you can look up contribution at).

    McCain did not once vote for the Renewable Energy Investment Tax Credit extension. Not once out of 9 times. Sure he has been out of DC many times, but not all. How can you have an "all of the above" energy policy when you haven't voted once for renewable energy.

    See my solar system install here: http://tinyurl.com/4h3sm7
    - it's impressive.

    So I put my money where my mouth is -- solar powered net zero retrofitted house, featured on local TV and in news papers (got another interview in a hour). Mostly with American made equipment (one of my criteria).
    I support Obama with contributions -- since I cannot vote.
    I also support IV with contributions.

    My political slogan:
    "Blow baby blow"
    "Shine baby shine"
    - Renewable energy is the future, it is made in the USA!

    Many of us high skilled immigrants have the above average get-up-and-go that it takes to move this country forward to a brighter future. After all we had the get-up-and-go to move here.

    However, the system does work against us. Being an "temporary" sure did not make it any easier making the investment that I have. Until I got my green card, being "temporary" was a huge problem and worry, because I had made decisions based on the assumption that would change.





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  • Macaca
    01-31 09:28 AM
    His book explicitly quotes that H1b and L1 visa holders do not pay any taxes and transfer all the money home.

    1. Is it possible to post the above line (with page number) from his book?

    2. Please post other easily refutable lines (with page number) preferably related to H1B.

    3. How did he get the H1B numbers from USCIS? Why are they authentic?

    I want to see if the following is convincably doable. There is nothing else to do and I am sick of this crap. Thanks.


    In any case we should counter his BS with facts and send it to CNN.





    waitnwatch
    08-06 01:40 PM
    Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.

    I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    If you would like to read about related case, refer to this pdf
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    ============================================
    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

    ======================================



    ____________________________
    US Permanent Resident since 2002





    pitha
    01-28 09:57 AM
    lou dobbs is not a reporter, dont get confused. He is an opinion dispenser. Just like Rush Limbaug, Sean Hanity, Glen Beck etc. But either ways he is after us in immigration.



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