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  • pete
    04-09 12:05 PM
    The solution is the streamline the process before h1B. If they can do perm in weeks( I got mine done in 90 days but the recruitment took 1 year!) why cant they do LCA soon. Its a logistics issue. There are less applicants things will hurry.

    I am in agreement with your views. They need H1B regulation. If the axe has to fall I can tell you it will be on "consultants". I hate to think I will need to go down with them. Since I came here more than half a decade back me and my spouse took 12 exams in all ( USMLEs, GRE, TOEFL) and we did research, got PhD and finally are doing residency. We loans on us amounting to thousands. All this time all these consultants were doing well. Now I am expected to take a fall for them. I think its unfair..


    QUOTE=paskal]i'm not opposing reform. in fact i strongly feel that without reform this mess cannot be resolved. just like you do. but creating a new mess with LCA's that can't be handled in time? is that the answer? what about if you already have an LC approved? sound like you still need to duplicate the entire process for H1b renewal...does that make sense to you?
    or do you just want to support something, anything that might relieve the numbers?[/QUOTE]





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  • dixie
    02-02 05:47 PM
    Bottom line is : if you are in the US > 183 days an year, you pay tax period. IRS doesnt care about visa status.Social security and medicare is a different issue, and certain visa categories are exempt from it.





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  • riva2005
    04-09 11:41 AM
    Yes, pete, other people should have hurdles. So when they stumble on those hurdles, it would be your gain.

    Its a zero sum game.

    We cannot all unite and work on this issue. So let's divide ourselves. Let's split IV into 2 organization, one for EB3 dumbasses who are getting a free ride and didnt go thru the whole 9 yards , and other for smart kids like you and rimzhim.

    Let me ask both of you. If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?

    Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?





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  • NKR
    08-06 02:09 PM
    To balance things out why not give a person who acquires a Masters or PhD a few years in terms of priority date.


    This is a better proposition, asking for more relief to Masters or PHD guys makes more sense than asking USCIS to stop porting/interfiling and denying EB3 guys a chance to get faster GC after they have waited for many many years.



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  • ZeroComplexity
    08-05 03:07 PM
    Nothing great ever happens by trying to undermine each other. Laws are laws, some fair and some unfair, just deal with it and focus on remedying the whole broken system.





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  • chanduv23
    04-13 01:57 PM
    There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.

    This is interesting actually. Does LCA petition have a column saying it is Salary or percentage?

    The way job offers go out is after companies do a math on the value you add to the company. Every h1b LCA petition has a salary mentioned that can be a range also ie $55 per hour and above etc....

    Percentages or kickbacks are something that is between employer and employee and has nothing to do with Certifying officer - maybe I am missing something here



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  • qasleuth
    03-23 05:23 PM
    Got it. So, if OP does not provide contracts, sends in his reply and if his 485 app gets denied saying all the docs asked in the 'novel RFE' were not provided, then he can 'apply' under 245(k) ?
    Two different things -
    Legal Status to be shown from last entry for I-485 approval under 245(k). Actually the out of status days could be as much as 180 calendar days. However, USCIS can ask any information to verify any data on Form G-325a (http://www.uscis.gov/files/form/g-325a.pdf) (Biographic Information). One of the important info is Employment History.





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  • nogc_noproblem
    08-06 05:57 PM
    :D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D
    HERE COMES THE BEST JOKE OF THIS THREAD

    I got a RED dot for this post.

    Comment - "Racist Joke".

    Five Englishmen in an Audi Quattro arrived at an Irish border.

    Checkpoint Paddy the officer stops them and tells them: "It is illegal to put 5 people in a Quattro, Quattro means four".

    "Quattro is just the name of the automobile," the Englishmen retorts with disbelief "Look at the papers: This car is designed to carry five persons".

    "You can not pull that one on me," replies Paddy "Quattro means four You have five people in your car and you are therefore breaking the law"

    The Englishmen replies angrily, "You idiot! Call your supervisor over I want to speak to someone with more intelligence!".

    "Sorry," responds Paddy, "Murphy is busy with 2 guys in a Fiat Uno"



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  • JunRN
    06-06 12:02 AM
    What if a builder offer you a new home with a fixed monthly mortgage that is equal to or lower than your monthly rental on similarly sized home at same zip code, will you take it?

    note: Given that you will get $8k stimulus money to recover your downpayment.





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  • unitednations
    07-08 04:44 PM
    Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).

    What are the grounds for I-485 denial if my I-140 is approved?

    The followings are the grounds for an I-485 denial.
    a. Some crimes committed by the applicant.
    b. The applicant is out of status or illegally worked for over 180 days.
    c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
    d. The applicant drastically changes occupation or job field.
    e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
    f. The applicant�s failure to RFE or fingerprint.


    There are a lot of protections in immigration law for us beneficiaries.

    When we quote laws; we generally are looking for specific items that may benefit us.

    However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.

    Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.


    Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.

    Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.

    All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.



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  • Macaca
    08-14 11:27 AM
    Convention Party Favors Include Face Time (http://www.washingtonpost.com/wp-dyn/content/article/2007/08/13/AR2007081301067.html?hpid=topnews) By Jeffrey H. Birnbaum Washington Post Staff Writer, August 14, 2007

    Congress just completed ethics legislation designed to put distance between lawmakers and the interests that seek favors from them.

    But the people in charge of next summer's presidential nominating conventions are busy selling package deals that would put them closer together.

    The host committees of 2008's biggest political gatherings are soliciting corporations, wealthy individuals and others with a lot at stake in government decisions for seven-figure payments. In exchange, the givers receive all sorts of goodies, including access to lawmakers and other politicians. The more money the donors spend, the more access they get. Donors also garner valuable publicity for their businesses and the convention's locale, which has its own commercial payoff.

    Microsoft and AT&T, to name two, have been high-profile donors to the host committees of previous conventions.

    At the Republican convention in Minneapolis-St. Paul, donors of $5 million or more will receive (among many other things) a private dinner and a separate golf outing with the Republican leadership, according to a list of benefits distributed by the host committee.

    At the Democratic convention in Denver, a million-dollar contribution purchases invitations to a series of private events that feature Colorado's governor, Denver's mayor and members of the state's congressional delegation, among other special advantages.

    The host committees do not hide their cash-for-access offers; they flaunt them. "As a corporate sponsor, you will be invited to exclusive forums and special events where you will interact with our state's and the nation's government and business leaders," the Democratic solicitation states. "In financial terms, your sponsorship is an investment in the future."

    The host committees, which are run by local officials separate from the political parties, collect the tens of millions of dollars needed to put on the extravaganzas, which next year will take place for the Democrats in late August and for the Republicans in early September.

    Yet the marketing comes at a sensitive time. Congress just passed -- and President Bush is likely to sign into law soon -- a bill that aims to restrain the amount of influence lobbyists and their clients will have at the conventions.

    The legislation aims to stop lobbyists and lobbying groups from paying for lavish parties that honor the lawmakers and the congressional committees they are hired to influence most. Such parties, a staple of the previous conventions, have been criticized by government-reform groups as giving undue clout to interests that have lots of money.

    But the bill is silent about other kinds of parties and events, including those put on by the host committees. And those not only will continue but also appear likely to proliferate.

    Top givers to the GOP convention are invited to a private reception that will include Minnesota Gov. Tim Pawlenty, Sen. Norm Coleman and local mayors. They also will have the right to advertise in prime locations throughout the Twin Cities.

    The biggest contributors to the Democratic convention get invitations to all events sponsored by the host committee and special recognition in all host-committee publications.

    The nominating conventions, which are held in the late summer before presidential elections, have offered similar benefits packages before. Sponsors are the primary source for the money needed to put on these massive events, which bring together delegates from every state, a who's who of the nation's political establishment and journalists from around the world.

    Host committee representatives said they are promoting their cities and are seeking funds from corporations and others who want to make an impression locally and to a large national audience. Acting as a go-between for lawmakers and the interests that want to persuade them is a much more minor concern, they say.

    "We're not here to put on a bunch of parties to honor a bunch of individual members" of Congress, said Jeff Larson, interim chairman of the Minneapolis-St. Paul host committee. "We want to promote the quality of life we have here in Minnesota."

    "We're reaching out to a lot of constituencies, not just members of Congress," said Elbra Wedgeworth, president of the Denver host committee. "We are hoping to promote the Rocky Mountain west."

    Washington gadflies, however, see more calculation than that. Easy access to lawmakers and other senior Washington officials, they say, has long been a major attraction of these conventions and will remain so despite the recent legislation.

    "It's ironic given that the last thing Congress did before the August break is pass lobbying reform that included a provision limiting the parties that can be thrown at these conventions," said Melanie Sloan of Citizens for Responsibility and Ethics in Washington. "That would suggest that they didn't mean it, which will really come as a surprise to no one."





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  • axp817
    03-26 05:20 PM
    What eventually happened to the case.

    The baltimore case I mentioned happened in 2005 which was certified by AAO.

    UN,
    Thanks for sharing your thoughts on this. As always, your time is highly appreciated.

    So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).

    And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.



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  • dealsnet
    01-08 09:39 AM
    Dear Admin,
    I didn't understand what you have said about me. I never used in my life any vulgar language. What I did is copy and paste a PM send by the guy started the tread to enlist support for the terrorist. Eventhough I have received my GC, I did visit the IV site every day and share my experience, expertise. I never used this site for any personal or religious agenda. You can check my previous post rather than this tread.
    But what made me furious is, the guy started the tread, already got GC, and his only aim is to make hatred and make support for terrorists. He is from India and he didn't like people in this forum discuss about the Bombay attack. So to challege that he started the tread. (READ HIS EXPLANATION ABOUT IT IN THIS TREAD). That is why many including me become furious. Many in this forum came from India, it is natural that they used to speak about some politics, natural calamity, accident etc. But this guy want to discuss about some thing not related to 99.99% of the people. He want to abuse the Jews. They are abused from all quarters from 2000 years. Now they have a voice.
    I never contribute or visited any religious or any forums before. But after read his view, I did a research and give him reply. But he responded with vulgur language, which I did pasted. It is your responsibility to see to stop putting these kind of posts. If some one post anything religious things, others will respond.
    DON'T ACCUSE ME OF PUTTING PROFANE LANGUAGE.
    I HOPE YOU UNDERSTAND.


    ----------------------------------------------------------------------------
    From Forum Moderator
    ----------------------------------------------------------------------------

    We are forced to caution you that any use of profanity on the public forums, including when quoting others, will result in immediate ban from this forum without any further warning.

    Thank you for your understanding,

    Administrator2


    ----------------------------------------------------------------------------





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  • nojoke
    04-15 03:42 PM
    I am on H1B and I485 is pending. I just bought a mid-price house and I will recommend to buy only if your I140 is approved. I waited for many years but finally bought one. Buying the house was a big decision but I am glad that I took it. I have a 3 year old daughter and she being able to run in our own backyard is worh of some financial risk. The house prices are lower (still I think a little higher than it should be) and the interest rate is good too. So, go for it and good luck.

    go for it? When the housing market is crashing and when we have recession, everyone buy the over inflated houses?:confused: House prices are lower?:(
    The market is crashing because the house prices are so much inflated that people are not buying. This is why you see record foreclosures. Infact some of them sold at the height of the bubble and made large profits and are now renting. They are waiting for the market to fall further. This whole market is a ponzi scheme with flippers buying and selling each other.



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  • richshi
    05-24 09:58 AM
    Lou dobbs is pure anti-immigrants. he has never been an advocate of legal immigrants, he is against H-1B. Now he mentions legal immigrants only to defy the illegals. He is a bad person.





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  • unseenguy
    06-21 03:08 PM
    That is a nightmare !!! unless you are bill gates, Tata, Ambani etc etc ..if u have a relative in US in the same location then maybe you can manage but still it is problematic ..on top of it, how do you earn money in say India to pay mortgage in US ??
    if my GC (or say residency in any country) is denied, I would not want any immovable property in that place ....break - ins, mntc problems, maintenance etc ..I know there are some agencies which will take care of the property for you but their fees are high. I would rather have my money in liquid form and take it with me (or have the ability to take it with me).
    as someone else said ..maybe an option would be to stay back and sell the house (at a loss I guess) ..and risk going out of status (but re-entry would be problematic).
    I had a question though ..if GC is denied and EAD is valid for 2 years ..can you stay till EAD expiration date ? (I know u have option of MTR ..but say that is denied too ) ..in other words, how long can you stay after GC is denied

    Usually they will give you 3-4 weeks to leave.



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  • nogc_noproblem
    08-26 09:27 PM
    Simple Questions, Complicated Answers

    Why does monosyllabic have five syllables?

    Why are there interstate highways in Hawaii?

    Why do we drive on parkways and park on driveways?

    Why are they called apartments, when they're all stuck together?

    Why do scientists call it research when looking for something new?

    Why do they call it a building? It looks like they're finished. Why isn't it a built?

    Why is it when you transport something by car, it's called a shipment, but when you transport something by ship, it's called cargo?

    If vegetarians eat vegetables, what do humanitarians eat?

    If price and worth mean the same thing, why priceless and worthless are opposites?

    Is there another word for synonym?

    Is it possible to be totally partial?





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  • gc28262
    03-24 07:30 PM
    There are two service centers that process h-1b's. California and vermont.

    Vermont was very, very easy in the past. Now; they want contract and purchase order with end client. If somehow you can get it then they want detailed duties to see if job requires a degree. it is difficult to get a purchase order/letter from end client let alone a detailed job description/duty. If you can't get one and they ask in an rfe; they are denying it.

    If you can get one; they are stating duties aren't specialized enough to determine job requires a degree OR they think the company is going to further outsource the candidate.

    California is along similar lines but they only deny if they think the contract/purchase order is from the middle man.

    Big problem is verrmont changed their expectations midstream. California has been pretty consistent the last few years and they haven't changed much in how they look at h-1b's.

    Isn't the employee-employer relationship between employee and the consulting company ?
    Why should USCIS get into the details of how the companies conduct their business ( like asking for client letters etc ) ?
    Is USCIS supposed to do this?





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  • texcan
    08-06 04:35 PM
    Two guys are moving about in a supermarket when their carts collide.

    One says to the other, "I'm sorry - I was looking for my wife."
    "What a coincidence, so am I, and I'm getting a little desperate."

    "Well, maybe I can help you. What does your wife look like?"

    "She's tall, with long hair, long legs, firm boobs and a tight ass.

    What's your wife look like?"

    "Never mind, let's look for yours!"

    This reminds me of ....priority porting circus....

    Eb2 & Eb3 guys are moving about in a Green ...
    looking for a quick check out line ........
    ....
    ....
    Eb2 says says mine is "quick, fast, exciting..." whats you line looks like....

    Eb3 says... "never mind lets look for yours "
    ---------------------------------------------------------------
    Lion and Monkey joke extensions have been killing me here...
    i swear, i never had so much fun on this site...ever. Great work..lets keep them coming.





    santb1975
    06-08 12:37 AM
    but I don't see the price coming down anytime soon either. Whoever invested in gold about 5-6 years ago made good money. Commodities are definately a good buy in this economy but any investments these days comes only after building up a 8-12 month emergency fund. This thread is getting interesting.

    Thread gets more interesting...way of life..love the way it transformed from home buying good/bad to sound investment advice...here is my bit:

    With all the $$ spending by government, inflation is inevitable. FED can try to fight it by increasing interest rates, but that will open another box of worms. In a hurry now and will post a detailed discussion later about interest rates, fed and inflation..very interesting indeed

    my take is gold...solid investment in these times and a proven hedge against inflation

    goodluck guys..more later





    sanju
    12-18 12:15 PM
    Sanju gave very good explanation here.

    I'm sure some of the readers would already know what I'm saying in my post and like many of them I almost stayed away from posting but for the benefit of those few ( even if it's one person) who might wonder if Gita could have been doctored I decided to share what I know .Again I felt the need to post because the idea was brought up by Sanju(NO..I'm not accusing you Sanju...nor 'm I preaching Gitaism here.Again it's just for the benefit of that few sincere folks...others can stick to Sanju's version...no harm.)

    Hindu society all through the monarchical times was blessed with Enlightened Masters who willfully(for a person who had realized the ultimate truth material positions don't matter) served as subordinates (Mahamantri, ,Rajguru )to the Kings .

    These enlightened gurus were the protectors of some of our scriptures(just some because many of the scriptures were outside the intellectual realm of many kings no matter how powerful they were) be it shastras,stotra or sutras.

    Now before one goes on a spin with these enlightened masters let me also remind everyone that none of the great works are patented or owned by any king or master(unlike in some societies). They did truly protect our scriptures so they can be passed on to us, leaving these great works for use/abuse (based on the individuals intelligence/intention) popular examples in today's world being yoga/kamasutra (both are great spiritual mechanisms but are greatly misused so much so that one can't name (one of them) without feeling wee bit embarrassed).

    If one was to trace the evil practices like caste system they wouldn't find the roots in any of these scriptures. Now these evil practices, I would say were doctored/cooked up by people/kings, but Hindu scriptures were out of the reach of these people.

    These scriptures are wired in such a way that to change them one needs to be highly evolved(not just highly educated or filled with dry intelligence) , to understand them one needs to be sincere seeker not professional seeker.

    Also Vedic Culture which is way of life, a civilization got reduced to mere religion only after foreigners came to Bharatavarsha (although the basic pillars remain the same..dharma , karma ...)

    Thank you.

    oh, ya! So just because you follow a specific faith, it has got to be pious, and books of other religions have been doctored. There is nothing new to this view. Every man on this planet adheres to this view.

    You see, every book has been changed during the course of human history. It doesn't mean that they were tottaly changed, but in a way there have been elements added and deleted from these books. So there are parts of these books which are good and teach us to love all of humanity and our sorroundings, then there are those parts in each such book, and those parts have been very carefully added by thugs and cheats during the period of time, such that they could keep control and grip on the comman people and at the same time spread their religion/world view. Anything that remotely peaches hate towards anyone cannot be the word of "God", whether it calls people of other religions as Kafirs ordering to kill them, or, whether it calls "non believers" as evil going to helll, or if it implements caste system. They are all the same. The true nature of the supreme being, the creator, is nothing but love and every thought in contradiction to the nature of supreme being is plain false. And older the religion, more the chances of that religion getting docotered by greater number of kings.

    You have reasons to accept that these books have been doctored but your ego is not letting you accept that things you have believed in your life could be wrong. Thats not just your problem, any person following any religion has the same problem.

    It is your responsibility that you don't pass on this disease on the mankind called religion, to your next generation. For too long the progress of minkind have been hindered by this disease. The progress you see in 21st century is not because of religion, but inspite of it. 99% of all inventions from Tesla's AC current to the first flight of Wright brother, they were all conducted in the country where there is separation of state and religion. I bet you, if religion was part of the consitution of US, no progress would have been possible.

    Its time to shed your ego that my religion is pious and others religions are wrong because all oraganized religions are wrong. And even if you want to lean against some religion, try to question every part of every religion that is peached and see it with a critical view. it will become easier for you to separate the diamonds from the dunghill.


    .