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  • unitednations
    03-25 04:05 AM
    As a matter of fact, any one if trained properly can do any job..
    So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?

    Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...

    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.





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

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

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


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


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





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  • yabadaba
    06-01 09:45 AM
    Sau Chuhe kha ke Billi Haj ko Chali

    roughly translated...after eating 100 mice the cat goes for a pilgrimage





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  • reddog
    07-14 03:33 PM
    Why do you write 'I know this mess is depressing for EB3 folks' ?
    Is IV not with Eb3 folks? Or are they not important.

    Let me clear somethings.
    Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.

    What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
    Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.

    So, why would you not fight for us?

    If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?

    Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.



    I commend the initiative. But I see a few issues with it:

    You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role

    You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.

    The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.

    If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.

    If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.

    Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.

    So I personally do not think this idea will work.

    While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
    The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.



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  • Macaca
    01-10 05:54 PM
    K Street Expects Thin '08 Agenda (http://rollcall.com/issues/53_76/news/21521-1.html) By Kate Ackley | ROLL CALL, Jan 7 2008

    Lobbyists expect 2008 to be a year of volatile partisan bickering from the campaign trail to the floor of the House and Senate, likely resulting in only a short list of legislative accomplishments that actually cross the finish line.

    "In the past 12 months Democrats and Republicans weren't playing very well together in the sandbox, and the next 12 months I predict it's going to be even worse in the sandbox," said GOP tax lobbyist Ken Kies of the Federal Policy Group.

    Don't expect comprehensive immigration or health care reform to pass; instead, lobbyists say they are urging Members to split off little pieces like increased visas for certain workers or a law mandating doctors to electronically prescribe medicines to their Medicare patients.

    Patent reform legislation could make it. Ditto for popular measures such as a tax credit for companies that do research and development, especially if Congress puts together an economic stimulus package that could also address the housing and lending crisis. However, trade agreements and the reauthorization of No Child Left Behind would be much heavier lifts.

    On the flip side, legislative gridlock easily could help lobbyists trying to fend off unwanted tax increases and sweeping climate-change legislation. "It's almost always easier to stop things, but it's going to be even easier this year with a very limited amount of time on the Congressional calendar and the politically charged atmosphere," said Democratic strategist Chris Jennings of Jennings Policy Strategies.

    Mark Merritt, president of the Pharmaceutical Care Management Association, said his group is taking cues from the White House contestants when it comes to health care.

    "The presidential campaigns provide a good bellwether as to the kind of issues that are going to resonate in Congress this year," Merritt said. "Issues that are new, involve change, issues that don't involve hobbling around with the status quo but doing things differently."

    Merritt said his group is pushing for the bill to mandate electronic prescriptions by doctors for Medicare patients. "It's compelling, it offers change plus safety for patients and savings for the government," he said. "I think these are the issues that are going to succeed this year."

    Even so, Merritt doesn't expect an easy road. He said PCMA plans to ramp up its e-prescribing lobbying effort with polling, blogging and TV and radio advertisements.

    Jennings, a health care consultant and former senior health care adviser to President Bill Clinton, said Congress will likely take up legislation this year to avoid Medicare physician payment cuts and to jump-start e-prescribing. But don't expect broader health care reforms to go anywhere this year beyond campaign discussions, he added.

    "I think you're going to see Congress dabbling in incremental reforms this year, but primarily it will be a year to lay the foundation for a broader debate on health care reform in 2009 and beyond," said Jennings, who counts PCMA among his clients.

    Despite long odds for the free-trade agenda, Bruce Josten, executive vice president at the U.S. Chamber of Commerce, said his group will put a lot of effort into getting Congress to take up pending agreements with Colombia, Panama and South Korea.

    "A lot of people are going to tell you they're going to do nothing, but my hunch is they're going to move on some of them," he said. "Clearly the business community will put a lot of effort behind getting them to be taken up."

    John Castellani, president of Business Roundtable, agreed that his group will push for all three trade agreements - no matter how steep the odds. BRT also will urge Congress to mandate e-prescribing and call for a move to electronic medical records.

    Steve Elmendorf - the founder of Elmendorf Strategies, which represents the Coalition for Patent Fairness, which supports a House-passed patent reform bill and a version pending in the Senate - said he expects the Senate to take up the issue early this year, perhaps hitting the floor by February, where it will encounter fierce opposition by pharmaceutical companies in particular.

    "There aren't many bills that are around that have passed the House with a bipartisan majority," Elmendorf said. "We believe if we got to the floor it would get more than 60 votes. The other side is going to aggressively try and kill it. It's going to be a hard fight."

    The entertainment industry is hoping to get traction for one of its long-running issues. It has pushed for new laws to protect copyrighted materials, and the Chamber's Josten said the larger business community and some unions are getting on board because they are worried about the impact that counterfeiting has on jobs and sectors beyond Hollywood, including pharmaceuticals.

    "We're starting to turn a corner with Congress on this," Josten said. "I think we're going to see legislation this year come out of Congress."

    Business groups will look to fend off increased taxes on hedge funds and private equity partnerships and prevent massive carbon-curving climate-change legislation. "It's going to be a big fight," Josten said.





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  • Ramba
    09-26 03:24 PM
    Employment based GC will exist whoever wins. CIR or any other reform that increses number of immigrants per year (legal/illegal/ammnisity/point system/high skilled/low skilled) may not be possible in new administration (BO/Mcsamebush), unless economy bounce back. Immigration is tiny bit of the big problem facing this country. If the current economny lead to depression/recession what is the use of having GC/USC?

    Both are politicans their first ambittion is the office. Country first is simply bull. However, I think BO, is the right choice at this momnet. as atleast he is having professional approch in every problem. He is having little bit socialism. I think economy will boucnce back in BO admin, which is the important issue at this point.



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  • sin94
    03-24 12:17 PM
    face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.

    Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.

    You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?

    And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me



    Dude, it does not matter what you're reasoning is for getting into consulting. You do not even need to prove anything to me. Take your justification with you and present it to the guys that are going to approve your GC, NOT me!!!!

    If you are still so hard headed that you do not want to accept realities, what can I say!





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  • razis123
    12-18 03:17 AM
    Guys..

    If you believe in Science, you wont tend to believe in any religion or for that matter any God..

    God was created by man..

    Imagine this :

    Take for ex : God is human.. How can a human being be supreme or whatever and manage other humans.. For ex if 1000 people commit crime how can a God being a instance of human being watch them.. Even if he watch them how can he punish them.. all not humanly possible.. so God cannot be human..

    So let us take like what Islam says.. God is not human nor he is physically presence.. In that case how an Supreme being again watch all of our deeds when even a human kind of thing is not possible.. So God cannot be supremely supreme to watch us..

    Earth all happened by itself and it evolved by itself.. It will destroy itself and it will retransform itself.. this is the absolute truth.. believe it or not..

    Everyone has some kind of inner consciensus.. you be afraid to that and answerable to that.. (You can call it as God if you want..)

    Other than that start believing in Science and be answerable to yourself.. Nothing else matters...

    You are saying all this out of sheer ignorance and you yourself dont know what you are speaking about your own creator. If you know little science you will go away from religion, if you know more science, you will come towards religion. You are a victim of the former.



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  • alisa
    12-27 02:47 AM
    Alisa,

    Thanks for your posts. I'm glad to have a decent exchange of thoughts with you. I agree with you partly that 'non-state' actors are responsible and not Zardari Govt.. But Who created the non-state actors in the first place? Instead of paying unemployment benefits, who offered them job portability to Kashmir? Their H1B shouldnt have been renewed at all after they came on bench. How can a parent not be responsible for the errant child? The world wants to neutralize the errant child....but for the parent a child is a child after all and that too the one that served its interests once. If this child is abandoned, can future child ( with same objective) be created with the same ease?

    Those are the questions that are haunting many Indians on the forums.

    But I salute you and other folks for keeping this conversation civil.

    Kudos,
    GCisaDawg
    Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
    There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
    So, its going to take time for this infrastructure to go away.

    The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.





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  • yrspassby
    08-07 04:38 PM
    My wife and I were happy for twenty years. Then we met.

    When a man brings his wife flowers for no reason, there's a reason.

    Always get married early in the morning. That way, if it doesn't work out, you haven't wasted a whole day.

    In olden times, sacrifices were made at the altar, a practice that still continues.

    Getting married is very much like going to a restaurant with friends. You order what you want, then when you see what the other fellow has, you wish you had ordered that.

    I think men who have a pierced ear are better prepared for marriage. They've experienced pain and bought jewelry.



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  • i4u
    09-20 08:11 AM
    How many believe that the vote on Tuesday will allow for the inclusion of Dream Act in the Defense Authorization Bill?
    How many believe that if it does get the votes on Tuesday, it will be passed on Wed or Thursday as some claim it?





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  • Macaca
    02-21 04:04 PM
    Sometime back CNN (or Wolf Blitzer) used to say that CNN is the best news on network. Does anyone remember the exact words? Thanks.



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  • Refugee_New
    01-07 10:02 AM
    Their ideology is kill th kafir (non-beleivers). thats where all the problems started.

    Keep barking the same thing again and again. This is not going to make even a small dent on my faith. The more you hate, the more we love our faith.





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

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

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



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  • smisachu
    12-28 08:48 PM
    India is nobody's fool. Will you take back inside your house, the trash you have trown out? India wins the war, destroys all terrorist camps, kills all the wanted terrorists on Indian files. Then India withdraws from pakistan leaving back pakistan in the hands of its current civilian heads. All India wants is to kill the terrorists, either Pakistan does it or We do it for you. India will be doing Pakistan a favor. So either you do it or we do it. Bottom like the terrorists need to be Killed.

    And as far as comparing us to President Bush, India has never lost a war yet because India never went to war with any one with out them provoking it. India always fights Justified wars and justice always wins.


    So Mr. Trained Reservist,
    Let's say the war is won in 15-20 days based on your expert knowledge, what is next? India occupies Pakistan? and acquires 160 million muslim population along with Talibans? You think that will end terrorism and riots in India?

    Oh BTW, there is another trained reservist in the history who claimed Iraq war would be won in two weeks. Do you know who he is? Hint: he became the worst president in the history of the US.





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  • sc3
    08-05 06:41 PM
    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.

    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.


    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.

    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??


    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.



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  • nojoke
    04-08 03:33 AM
    No, I aint a realtor but just a savvy investor who is waiting for his GC and wants to make passive income. I dont suggest ppl to buy 3 homes. What I wanted to convey is that in my humble opinion, its one way to make money while you wait for GC. Be judicious and assume risk based on your tolerance levels. I felt that if I could present folks with real life examples of making money, thats a compelling statement,.

    And since Uncle Sam provides tax benefits that include interest deductions and capital gains waivers, its a very viable option.

    My point is, think of your home as an investment that also serves as a place to reside.

    Figuratively, this is like a Thanksgiving Day sale and the door busters are already gone!

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





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  • Beemar
    12-26 12:52 PM
    Guys,

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

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

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

    People in border villages of Rajasthan are evacuating.

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

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





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  • vghc
    01-07 02:54 PM
    I didn't know Narendra Modi is a muslim. I didn't know those are committing genocide in Palestine are muslims. I didn't know those who attacked Iraq and commited war-crime under the pretex of WMD are muslims. I didn't know that these people are muslims.

    May be Narendra Modi was born to a Moghul Emperor. Others are born to ottaman emperors. What about you vghc? Are you a product of muslim?

    Me? Naaa....i just dislike any organized religion. They are the cause of a lot of problem in this world.





    sc3
    07-14 12:18 PM
    Bear this in mind. We are not opposing because EB2 is getting the number, we are opposing because USCIS arbitrarily changed the law -- without any legislative approval. Remember, they changed the OPT rules and they are now facing lawsuit.

    You seem to be saying that we are petty in making our demands, and also suggestion (I have got personal comments) that we are causing a rift among the team. I say NO. We are not causing the rift. You did that, we are just highlighting our plight.





    jonty_11
    08-07 03:35 PM
    UN,

    I understand u had a topsy turvy ride to GC urself...and ur story is posted somewhere....Can you or someone who may know point me to it...ur GC interview and what not?



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