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  • a_yaja
    05-16 09:46 AM
    I do grasp the concept of consultancy, thanks. You know as well as I that we are not dealing with a 'narrow group' of people misusing the current H-1B system to enter the United States as 'consultants'. The concept of consultancy businesses is great. Most of the consultant companies in the U.S. in general are well respected companies. They can even be great companies when H-1B status employees are involved. That is, WHEN THE H-1B VISA HOLDERS ARE EMPLOYED FULL-TIME, RECEIVING A FULL PAYCHECK FOR A JOB THEY APPLIED FOR WITH THE COMPANY BEFORE FILING THE H-1B APPLICATION. If a consultancy firm is not able to do that, they shouldn't plan on hiring people on H-1Bs. Likewise, people shouldn't (mis-)use H-1Bs as a means of access to the U.S. using body shops, resulting in multiple law violations such as bench time and accepting below average wages.

    In your examples you suggest that I say consultancy in general is not a good thing. Of course it is a good thing. But consultants should be EMPLOYED ON A FULL-TIME BASIS TO ADHER WITH H-1B VISA REGULATIONS.

    I think the H-1B visa program is a great one! It is simply sad to see it abused to the point it is today. What congress is doing is closing a very exploited loophole. Kudos to congress for seeing the real issue instead of, say, shutting the H-1B program down entirely!

    I am not sure what your point here is. On the one hand you say that consulting is OK as long as it is on a "full-time" basis. On the other hand, you are supporting this bill which bans all forms of outsourcing and consulting. Does not matter if you are a "full-time" consultant or a "permanent employee consultant". If you are going to perform work for someother company (all the cases I mentioned in my previous posting - although case 2 and 3 are directly related to people on H1B) through the company that hired you - you will not be eligible for H1B renewal. This applies to all companies - Microsoft, Oracle, EDS, small and big engineering firms that perform safety audits, etc.





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  • GCapplicant
    07-14 05:21 PM
    if people have to debate this issue, surely we can do it without needless slander and accusations?

    i agree with GC applicant, words like that do not sound right and have no place here please.

    btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.

    i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.



    Thankyou Paskal.Nothing more .I stop here no more unwanted useless arguments.





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  • QuietFlowsTheDon
    04-15 06:42 PM
    if you are in DFW metroplex it is a good time to buy.
    prices are holding up in most suburbs. interest rates are pretty good right now.
    when you look at the inflation rates, interest rate could probably go up.
    so if you have been thinking about owning a home for some time, i would say this is the best time in the last couple of years.





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  • anai
    12-18 11:47 AM
    .... someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.

    Well, all of the above were done to Kashmiri Pandits by terrorists. Yet we don't find any terrorists among the Pandits, who are the real victims of the Kashmir situation.

    Stop trying to find excuses for terrorism. Stop this perverted sympathy for terrorists.



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  • desi3933
    07-11 10:33 AM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.

    If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.


    [COLOR="Red"]
    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??
    ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??



    1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
    2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
    3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?


    ________________________
    Not a legal advice.





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  • waitnwatch
    05-24 12:17 PM
    Did the brownback amendment pass with the CIR?

    Please spend some time on this website....browse around, get acquainted, find the right threads and you will automatically find your answers. There is no 1800 number to call for assistance here............



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  • pmpforgc
    06-08 10:39 PM
    Are you new to Atlanta area?

    Hi

    I am in atlanta area for above a year. Moved from SC. Any suggestions or comments on my earlier post?

    Thanks





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  • sc3
    07-14 04:28 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


    Woah, I did not know I wanted my GC because I could tell my friends that I have my GC. Thanks for telling me about it. I used to think that I wanted my GC, so that I could be worry less about H1 status, think about buying house, maybe think of some business ideas etc. I did not know it was all so that I will feel ashamed of my friends.

    I guess you have the solution for all of use. We will stop my friendship with everyone, that way we dont have to worry about being the NON-GC guy among our "friends".

    Also, we will make friends with the undocumented workers, so that we can feel superior, which will boost our morale.



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  • dealsnet
    01-08 03:24 PM
    Refugee_new is a moron. He send me 5 profane message. He started the tread and he abusing the people responded in his tread. What he achived??
    He achieved the opposite effect. Now many people understand who is the problem maker. He is a potential terrorist. Admin must inform his location by giving his IP address to FBI or other law enforcement offices. It is our duty to protect this country from furthur attacks from fanatics.

    I did report to admin, they didn't take any action to the guy send the vulgar messages. Now warning the people copy pasted them.!!!!
    funny world!!!!!!!!!!!!!!!

    I just copied and pasted the coward Refugee_New's msg to me. I'll be careful about 'quoting others' also!

    Did you consider banning him?





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  • baala9
    08-06 10:07 AM
    I do agree that points raised by Rolling Flood is not well received by most in this forum.But I would pray that no one gets personal and keep the exchanges healthy.

    I do feel that this porting rule is a double edged sword with both pros and cons.But the question is : is it flawed enough to scrapped??

    I must add though, I see were Rolling flood is coming from.Just consider this scenario: Two guyz A&B graduate with a Bachelors degree at the same time.A decides to pursue higher studies and B takes up a job. After a year they file for B' EB3 at his work, while A is still at school.By the time A graduates and a EB2 is filed for him , B is also eligible for EB2.But here is the catch,B gets a much earlier PD than A.So was A a dumb dude that he decided to go to grad school.Does academic experience count for nothing against work experience???

    Its something to ponder upon.



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  • mariner5555
    04-14 02:16 PM
    I cannot agree more. I have been trying to drill this into some peoples brain but they are so adamant on renting and has made this thread into a rent vs buy argument. I finally gave up. I am not saying that this is the right time to buy. Fast forward 2 or 2+ years, lets assume the market is good. Then when it comes to rent vs buy I advocate buying a house.

    Let�s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid �do you like the house?�. He will reply �it�s very nice dad, but can you give you give my childhood now?.�. Go figure out guys. If you are not planning on going back for a very long time then at-least get a life in the country you reside and when the housing market is good.
    wow you come back to the same argument again ..and you tell others. maybe you should ask your child ..would you prefer that I spend more time with you or is it o.k if I see you only on weekends.
    you are saying the others are not understanding your point ..but at the same time you are not understanding the other side of argument.
    basically you are equating a bigger house means better childhood ..which is plain wrong. maybe your case or for few lucky people that maybe the case ..but I suspect for 99 percent of people ..maintaining and buying homes means they have to slog harder and that means less time for kids !!





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  • pappu
    08-11 12:44 PM
    The USCIS's "Yearbook of Immigration Statistics" is a valuable source of info in any immigration debate!
    http://www.uscis.gov/graphics/shared/statistics/yearbook/index.htm

    One can catch on lies a lot of anti-immigration jerks and even the USCIS themselves using their very own data! You can clearly see how the number of employment based Green cards changed, for example, how sharply it dropped in 2003 for some reason (not in 2002 which could be explained by 9/11!). They have no explanation for this. Apparently they were told to do so. The sabotage is obvious. There are more interesting facts there. Say, one can check if a particular country really has contributed too many immigrants in the last years to be excluded from the GC lottery or not, while another country is for some (political) reason still eligible despite it exceeded the limit.
    thanks for the link. I have forwarded this info to a statistician for analysis and if we can get some favorable arguments based on that data that can be presented as charts and graphs by IV.



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  • xyzgc
    12-28 01:56 AM
    I am begining to beleive that WAR is not the answer, even though for the past 20 odd years, they have bled Kashmir, driven certain relegion members out, making them penniless, killing some of them and their family members mercilessly, doing the same in punjab (thanks to KPS Gill that was eradicated from the core), and using India's peace meaures in the last 7 odd years to infilitrate members who have created havoc in India.
    What India needs to do is strengthen internal security ('our sardar.....the chief...respectfully meant as i am a admirer of him, has done the right think by bringing in his most trusted man, PC to run home ministry....that man has been an asset in which ever position he has held....man of v.v. high integrity and honesty like our chief)
    Secondly as i said before,...... the super powers also are pretty much behind India and will not make the same mistake as they have done in the past as they know that this is universal/global problem...and the doublespeak will not work...the worry is....who to talk to there...(neighbouring country)....there are so many power centres....its total chaos....so i agree we should not go for war as that could be disastrous and open a exit strategy for all the dangerous elements and give them a longer/extended life to survive..........and continue with their nonsense......globally....WHY because once the war breaks out these dangerous elements will use their deadly toys that they have been provided with thanks to some of the regional powers....who....will then step in and insist on a dialogure....peace...etc etc..
    I am also surprised how sri lanka has agreed to go ahead with their cricket tour...i mean come on such a huge incident....in India....clear evidence...and to think and we sacrified a leader(possible PM) for them....STRANGE Behaviour....

    Without doubt, the internal security needs to be strenghtened. That is absolutely necessary. But is that sufficient?

    Why spend $26 billion yearly on defence budgets, if we are not to fire a single missile, worrying about the repercussions and what the dangerous elements will do?
    Is this only to be used in another Kargil-like war? WIf the answer is yes, that at least we should reduce our defence spending and divert it to make our nation secure. There is no possibility of that happening either.

    What is the probablity of another Kargil when a single terrorist attack is sufficient to throw the country into chaos?
    The whole idea is to destroy these terrorist outfits. Pakistan is not doing it. Should we not do it using our own arms?





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  • nogc_noproblem
    08-25 04:43 PM
    What men say and what they actually mean . . .

    � "I'M GOING FISHING" Means: "I'm going to drink myself dangerously stupid, and stand by a stream with a stick in my hand, while the fish swim by in complete safety."
    � "YES, DEAR..." Means: Absolutely nothing. It's a conditioned response.
    � "IT WOULD TAKE TOO LONG TO EXPLAIN" Means: "I have no idea how it works."
    � "TAKE A BREAK HONEY, YOU'RE WORKING TOO HARD". Means: "I can't hear the game over the vacuum cleaner."
    � "THAT'S INTERESTING, DEAR." Means: "Are you still talking?"
    � "I WAS JUST THINKING ABOUT YOU, AND GOT YOU THESE ROSES". Means: "The girl selling them on the corner was a real babe."
    � "WHAT DID I DO THIS TIME?" Means: "What did you catch me at?"
    � "I HEARD YOU." Means: "I haven't the foggiest clue what you just said, and am hoping desperately that I can fake it well enough so that you don't spend the next 3 days yelling at me."
    � "YOU KNOW I COULD NEVER LOVE ANYONE ELSE." Means: "I am used to the way you yell at me, and realize it could be worse."
    � "YOU LOOK TERRIFIC." Means: "Please don't try on one more outfit, I'm starving."
    � "WE SHARE THE HOUSEWORK." Means: "I make the messes, she cleans them up."



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  • texcan
    08-06 05:26 PM
    A man was driving home one evening and realized that it was his daughter's birthday and he hadn't bought her a present. He drove to the mall and ran to the toy store and he asked the store manager "How much is that new Barbie in the window?"

    The Manager replied, "Which one? We have, 'Barbie goes to the gym'for $19.95 ...

    'Barbie goes to the Ball' for $19.95 ...

    'Barbie goes shopping for $19.95 ...

    'Barbie goes to the beach' for $19.95...

    'Barbie goes to the Nightclub' for $19.95 ...

    and 'Divorced Barbie' for $375.00."

    "Why is the Divorced Barbie $375.00, when all the others are $19.95?" Dad asked surprised.

    "Divorced Barbie comes with Ken's car, Ken's House, Ken's boat, Ken's dog, Ken's cat and Ken's furniture."





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  • immique
    07-14 10:01 PM
    For all those people who are misguiding the EB3 members on the forum- please stop playing with people's hopes and stop this nonsense about petition for spillover from EB1 to EB3. this is a foolish arguement and will not work. Do you think USCIS will give preference to EB2 over EB1? hell no. similarly, EB3 will not get any spill over visas unless EB2 is current. EB preferences are are established for a reason to give preference to better qualified individuals that US thinks are much needed. similarly family based preferences are established to give preference to dependents/relatives of US Citizens over other categories. Can you imagine second or third preference Family based category getting preference over the first preference category in Family based applications? No way this is going to happen.

    Moreover after taking heat from Congress for wrongly interpreting the EB laws and unfairly giving visas to EB3 last year while EB2 is still retrogressed, do you really think that USCIS/DOS will make the same mistake again? some of the people seem to be wandering in a fool's paradise. this whole petition drama has caused rifts among the EB immigrant community for no good reason. the only way for EB3 to move forward is by EB2 becoming current and it may happen next year.

    I can tell you for sure what kind of results this petition will produce.

    1. it will not poduce any spillover to EB3 at all.

    2. it will definitely attract more scrutiny towards EB2 from USCIS as it will try to establish clear distinction between EB2 and EB3 so that people are not confused between the categories thinking that they also qualify for EB2 as mentioned in the petition. USCIS may start strictly implementing "exceptional ability/ advanced degree/ Professional Occupation" part of the EB2 definition and start questioning the 5 year experience that many EB3 have used to convert to EB2. This will result in more problems for EB3 to EB2 conversions who have already filed and for future filings and will make it easier for people with Advanced degrees. This will help USCIS to make EB2 current quickly by greatly decreasing the number of applications in EB2 and may be then use the spill over to EB3.

    After reading all this if people are still not convinced about my arguement, then go ahead and send in your petitions to whom ever you want to. As I said above, it will do more harm to EB3 than any good as it will potentially make it impossible for any future EB3 to EB2 conversions. Good luck in your effort.



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  • desi3933
    08-06 09:11 AM
    ....
    ....
    ....
    Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.

    You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.

    Thanks for your attention (or the lack thereof).

    Someone (Rolling_Stone is that you?) gave me red dot with this remark
    yes, getting a graduate degree from IIT is no big deal. you didn't have to go through JEE

    Thanks for the laugh. Are you the ONLY one who got thru JEE? FYI, I did go thru JEE.
    BTW you are a coward who does not guts to reply with your ID.

    Yes, I agree, getting thru JEE is good but it is no big deal.

    Rolling_Stone -
    Since you finished your masters in 1.5 years, I think you should go for EB1.5. Think about lawsuit for that. :D

    You are a real CKD (if you are an IITian then you should know what it means).





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  • pani_6
    07-14 06:37 PM
    We are old horses fo IV and dont have an agenda against any particular groups or category..all that we are trying to highlight is that our situation since 01..that's it...that having said the people will who are have been objecting to this will get thier GC's this time and will be gone ...and we in EB-3 2002 have to wait for another 2-3 years to get out turn..Can you imagine our situation..So please support this initiative...send out the letters...

    God bless us all!


    I am too tired to go against any law (I have my plan A to Z..and I guess most in EB3 have something similar) ..I don't think that there is a strict law as to how the spillover should happen (if someone knows ..please post it)..what I am saying is some fairness..call it pleading ..call it the last resort ..call it begging ..anything. will DOS agree ..maybe No. but maybe,,,maybe they will atleast give out a statement as to the future of EB3...and people in EB3 can make a decision and move on.
    as to the post above ...I am not saying do spillover in some ratio ..do something ...I am sure there are lot of workarounds or loopholes or whatever.
    what I am saying is ..if EB3-I does not act ..nothing will happen ..anyone can say that with certainity.
    maybe if core IV has meetings with DOS or USCIS .. maybe they can just ask as to what is the hope for EB3 ..I am sure most in EB3 (who are stuck in 2001, 02 ,03 ) will be happy just with some information





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  • santb1975
    09-29 11:17 AM
    I am really frustrated being in this limbo after spending more than 10 years of my life here. This great land has given a lot to me and I really want to be part of this great nation and contribute to this land all my life. However, with my status still being temporary after 10 years it does not seem logical to make long term plans or make any investments in here.


    This year 4 of my class mates (from engineering college in India) have moved out of the US. I have one other classmate who had picked a position in Singapore over one being offered in the US two years back, and he already has his PR there. He did not want the uncertainty of not know what to call home even after 5 or 8 or 10 years. He called it "settling down".

    When we were graduating from engineering college, there was peer pressure to come to the US and pursue higher education and the "American Dream". Now I feel like my time to head out may come sooner rather than later.





    gapala
    12-19 07:59 PM
    Funny to see red with comments.. and claims :)

    "Having said that, the very upbringing instills the care for Health, Hygiene, Homes, Human Values, Harmony in Diversity etc. Long story short, help you become a humble and good social being." being an atheist gave me that and much more so quit hatin

    I really doubt your claim :) Otherwise you would not comment anonymously. :) You would rather post a reply instead.

    More over I did not say that you would not get those values being an atheist or what ever you call yourself. To me that is just the way few folks live, think and believe :) they call themself "Atheist" instead of hindu or a christian or a muslim or buddist. ...there are around 40 organized ways people live on this planet earth recognized as "religion".

    Atheism, as an explicit position, can be either the affirmation of the nonexistence of gods or the rejection of theism. It is also defined more broadly as an absence of belief in deities, or nontheism.

    You seems to be confused between "Religion" and Theism :D :D :D What can I tell ya?


    Another dumb guy :D:D:D

    Take a science class. Read Kant's philosophy

    Dude, who ever you are, Immanuel Kant was engaged in arguments all along his life on the existence of God, the attributes of God, the immortality of the soul, the problem of evil, and the relationship of moral principles to religious belief and practice. He came up with his own Pilosophy for the role of religion in the dynamics of human culture and history.

    Kantism is not in those 40 recognized religion that I mentioned above. There are many more like Kant in this world who live their life in their own way with what ever way they think and believe. Kant did not succeed after all that effort.. he was more confused. See the accounts below.

    Walsh see Kant as thoroughly hostile to religion in general and Christianity in particular.

    Other interpreters see Kant as trying to mark off a defensible rational core of Christian belief, but offer differing judgements about the success of his efforts.

    Michalson evaluate these efforts as self-defeating, paving the way for a more radical denial of God such as Nietzsche's.

    Collins and Wood see Kant articulating an account of the dynamics linking morality and religious belief that has positive value for a believer's reflective appropriation and practice of faith.

    Kant lived a different life as you can see from all the accounts above. What is so scientific about Kant? Just curious, do you follow Kantism? You were very particular about that :):D:D:D

    Yet another confused guy.:)





    unitednations
    03-26 02:29 AM
    (:this is all true regarding Immigration Services calling then)
    Hey guys I also got a call from Immigration Services today on March 25 2009 .
    this is what happened
    First he started confiming he was talking to the right person
    And told My g-28 hasn't been properly signed and completed.
    Caller didn't ask me for my personal i nformation
    he confirmed my name, dob ,my last entry . address, wifes name address dob
    my parents name , my in laws name. He even told g28 it was signed by my HR manager.
    He had all the information, he didn't ask for any personal information.
    He asked if there was any other names used.
    He joked about me not smiling on the picture, he confirmed when the finger prints were completed
    After about 10 minutes of conversation he congratualed me on the approval and my wifes approval said the card should be mailed from kentucky with a week and even mentioned that USCIS online system isn't working.

    I am taking infopass tommorrow and confirming and if true I am going have it stamped

    I hope this is all true.

    The odd time uscis does make a phone call to you. The questions they ask are typically what you were asked. Just verifying the information on your forms.

    Yours is typical if a person gets phone call.

    Original poster questions/requests was not normal.



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