วันจันทร์ที่ 4 กรกฎาคม พ.ศ. 2554

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  • trueguy
    07-13 03:04 AM
    Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..

    Had they cared July fiasco wouldn't have happened...


    This is the first time, EB3-I is speaking up. Please don't stop us.

    DOS and USCIS both are tied together. I think we should send this letter to both DOS and USCIS and request them to distribute spillover numbers equally between EB3 and EB2 category or similar.

    Thanks




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  • cagedcactus
    04-07 05:43 PM
    I wonder if big names like Mircrosoft and others are aware of this. I am sure they will have a huge loss if this bill went through. May be it is time Bill Gates dropped his gloves and fight for us too.




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  • delax
    07-13 09:43 PM
    you did not get my post...last thing we want is silly argument regarding EB2 and EB3................

    me neither. Pl read this post of mine:
    http://immigrationvoice.org/forum/showthread.php?p=262198#post262198

    Some people dont seem to get the intent.

    Irrational passion calls for dispassionate rationality.




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  • unitednations
    07-10 03:21 PM
    UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.


    I'll tell you how I did it:

    1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV

    2) USCIS memos/interpretations/policies (can also be found on uscis)

    3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations

    4) monitor the forums and see postings

    5) immigration portal used to have links or summaries to AILA liaision minutes with service centers

    6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases

    7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b


    8) go to uscis.gov and read the INA and CFR's

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

    If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.

    All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.

    I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.

    Finally; don't do what you think is right or "gut feeling"...


    Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.



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  • virald
    08-05 10:33 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.


    Good One:D




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  • akela_topchi
    01-09 06:16 PM
    Despite of several warnings by Israel, Hamas (that is elected by Palestine people) was launching rockets on the civilian population of Isreal. (and hardly any in Islamic world condemned it)

    What were they thinking? They were just provoking Israel, and when it retaliated, suddenly all those Palestine and Hamas sympathizers are crying foul asking for mediation and intervention. I would say Israel has a right to wipe out any element that was involved in attacking their civilian population.

    If some cowards are hiding behind their own women and children and launching attacks, rockets on Israelis then shouldn't they be asked to stop using innocent civilians for cover and fight like soldiers?



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  • javadeveloper
    08-02 12:35 PM
    245k and 245i are two different things.

    245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.

    Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.

    Thanks UN




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  • kotlareddy
    07-19 02:38 PM
    UN, you are genius in immigarion matteres and better than any of this screwed up attorneys, Pls help this community as much as you can. I didn't come across any one close to you in immigration matters



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  • H1B-GC
    09-26 08:50 AM
    Also,as America becomes more socialistic the power of lobbying from companies becomes even more less appealing to the Politicians. Our interests had to be protected by ourselves.

    http://www.time.com/time/nation/article/0,8599,1843168,00.html




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  • thakurrajiv
    04-06 09:35 AM
    I think you missed my point. I was not trying to connect the ARM reset schedule with write-offs at wall street firms. Instead, I was trying to point out that there will be increased number of foreclosures as those ARMs reset over the next 36 months.

    The next phase of the logic is: increased foreclosures will lead to increased inventory, which leads to lower prices, which leads to still more foreclosures and "walk aways" (people -citizens- who just dont want to pay the high mortgages any more since it is way cheaper to rent). This leads to still lower prices. Prices will likely stabilize when it is cheaper to buy vs. rent. Right now that calculus is inverted. In many bubble areas (both coasts, at a minimum) you would pay significantly more to buy than to rent (2X or more per month with a conventional mortgage in some good areas).

    On the whole, I will debate only on financial and rational points. I am not going to question someone's emotional position on "homeownership." It is too complicated to extract someone out of their strongly held beliefs about how it is better to pay your own mortgage than someone elses, etc. All that is hubris that is ingrained from 5+ years of abnormally strong rising prices.

    Let us say that you have two kids, age 2 and 5. The 5 year old is entering kindergarten next fall. You decide to buy in a good school district this year. Since your main decision was based on school choice, let us say that your investment horizon is 16 years (the year your 2 year old will finish high school at age 18).

    Let us further assume that you will buy a house at the price of $600,000 in Bergen County, with 20% down ($120,000) this summer. The terms of the loan are 30 year fixed, 5.75% APR. This loan payment alone is $2800 per month. On top of that you will be paying at least 1.5% of value in property taxes, around $9,000 per year, or around $750 per month. Insurance will cost you around $1500 - $2000 per year, or another $150 or so per month. So your total committed payments will be around $3,700 per month.

    You will pay for yard work (unless you are a do-it-yourself-er), and maintenance, and through the nose for utilities because a big house costs big to heat and cool. (Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti:))

    Let us assume further that in Bergen county, you can rent something bigger and more comfortable than your 1200 sq ft apartment from a private party for around $2000. So your rental cost to house payment ratio is around 1.8X (3700/2000).

    Let us say further that the market drops 30% conservatively (will likely be more), from today through bottom in 4 years. Your $600k house will be worth 30% less, i.e. $420,000. Your loan will still be worth around $450k. If you needed to sell at this point in time, with 6% selling cost, you will need to bring cash to closing as a seller i.e., you are screwed. At escrow, you will need to pay off the loan of $450k, and pay 6% closing costs, which means you need to bring $450k+$25k-$420k = $55,000 to closing.

    So you stand to lose:

    1. Your down payment of $120k
    2. Your cash at closing if you sell in 4 years: $55k
    3. Rental differential: 48 months X (3700 - 2000) = $81k

    Total potential loss: $250,000!!!

    This is not a "nightmare scenario" but a very real one. It is happenning right now in many parts of the country, and is just now hitting the more populated areas of the two coasts. There is still more to come.

    My 2 cents for you guys, desi bhais, please do what you need to do, but keep your eyes open. This time the downturn is very different from the business-investment related downturn that followed the dot com bust earlier t his decade.
    Jung.lee very good second post from you. People still think it is very easy to keep on holding onto your home for long time till turn around happens.
    But life events can cause you to sell like
    1. Job loss and not able to find job in the same area till back up money runs out.
    2. Kids grow up and you need to pay for college and you have little saving as you are holding to see turn around
    3. Hope not but some medical emergency.

    There can be many more situations. Do you know what people are currently doing in these situation ?
    Get money from Home equity ATM machine !!

    Personally I will be scared to buy now as my payment will be more than 50% of my salary and any of above situations will cause me to sell.
    The prices have to become saner ....
    This is very different from anything we have seen. Wall street will change, money will be harder to come by.
    I think time to say " Welcome savings again ". Long term very good for US as country.



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  • Macaca
    01-15 08:35 PM
    Not as clear this year (http://thehill.com/editorials/not-as-clear-this-year-2008-01-15.html) The Hill Editorial, 01/15/08

    After Democrats won control of Congress in 2006, their agenda for 2007 was unmistakable. It would start with taking steps to try to end the war in Iraq as well as tackling the items on their �Six in �06� campaign pledge.

    But the plan for the second session of the 110th Congress is unclear. The economy is expected to play a leading role on Capitol Hill this year, while Iraq will take more of a back seat. Democrats are well aware that they do not have the votes to make significant changes to Iraq policy and believe they can attract enough support to enact some sort of an economic stimulus package.

    Yet there is much uncertainty in what will be in that bill, especially with a White House that will undoubtedly want something different.

    Democrats have made some progress on their Six in �06 agenda, enacting bills on lobbying reform, student loans and the minimum wage. However, stem cell and Medicare prescription drug negotiation legislation has been and will continue to be blocked by President Bush�s veto power. Those bills, Democrats predict, will be made law in 2009, when they hope to have control of the executive and legislative branches.

    There is no shortage of bills to address in coming months, some of which were not completed last year, such as the farm measure, patent reform and reauthorization of the Foreign Intelligence Surveillance Act.

    Democratic appropriators, meanwhile, are expected to have more time to focus on their spending bills earlier this year because they will not be burdened by the need to finish leftover budget measures from the previous Republican regime. Still, losing the spending showdown with Bush in December limits their leverage in 2008.

    In order to build on their majority, Democrats must combat GOP claims that this is a do-nothing Congress. They are expected to discuss that at an upcoming retreat, as well as fine-tune what their 2008 agenda will be.

    It is unlikely that the tensions between House and Senate Democrats, which have flared in recent months, will continue to mount. A cohesive message in 2008, as in all election years, is vital to winning in November.

    Republicans in Washington privately acknowledge that Democrats are likely to control both houses of Congress next year. But the dismally low approval ratings for Congress have gotten the attention of Democratic leaders, who know they must produce in 2008.

    If things go right for Democrats this year, they will be talking about bold ideas in 2009 with a Democrat in the White House and at least a handful of new Democratic senators. But there are many hurdles for them to clear to get to that point.




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  • pappu
    08-06 11:10 AM
    PS.: When there is flood in Gangaji then it is not revered, only when it is within its banks it is revered and does good for society

    Wow. That was deep. :D



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  • Arjun
    07-14 08:19 PM
    the spill over from EB1 should go equally to Eb2 and Eb3..can we work on getting this message across.

    I agree, does anybody have a link to the policy of how spill over of visa numbers works?




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  • dixie
    07-16 12:38 PM
    If you go to anti-H1-b sites, They are displaying things like, Advertisements listing H1-b available for a number of US cities. These are ads taken from body shops. The anti-h1-b sites use this as a propaganda. I think it hurts all of us. :D

    Exactly.Anti-H1B sites are only looking for propaganda material. You think they will start loving us if all body-shops are eliminated ? People like Norm matloff and programmers guild oppose all H1-B period.Whether it is from well known MNCs or your so-called "body shops". These are usually the same folks whining against outsourcing, free trade, the fact that everyone else is catching up .. about the world in general. Stop wasting time convincing these loosers.They are neither representative of the american public at large nor are the body shops representative of our community. If you think body shoppers are the only folks who hire H1-Bs, read about all the press articles in the "IV in the news" section and please let me know how many body-shop employees were mentioned there. We KNOW we make a contribution to this country; industry knows it too. We dont need to apologise to people like PG,lou dobbs and co for supposedly "eating their lunch".

    As for pushing for H1-B reform, there is absolutely no gaurantee there will be any accompaying GC reform. Remember AC21 ? it tripled the number of H1-Bs with no increase in GCs ... the result is the current mess. Why did it happen ? because there was no one pushing for GC reform.



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  • redcard
    12-19 12:22 AM
    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid 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.

    I am surprised that you have been brainwashed by your religious leaders into believing what you wrote... just to refresh your memory,,
    When Islam arrived in India, the Hindus welcomed the Muslims with open arms as brothers. In return Islam destroyed the entire Hindu civilization...over the years the followers of Islam killed over 100 million people. It has been documented that the largest genocide the world has ever witnessed was killing of over 100 millions hindus in the Hindukush region by Muslims. The muslim leaders �educated� Muslim men to rape Hindu women as this was a method to destroy the Hindu race. Infact raping Hindu women was part of what being a Muslim man was about! Temples were razed to the ground and villages were burned. Those who refused to convert to islam were either killed or raped if you were women. The reality is that islamic religious leaders wanted to destroy every religion from earth so that Islam the youngest religion in the world could prevail.Even today that is the aim of the islamic fanatics and cause of all the problems. Even in the recent past in this decade only.. the Taliban destroyed the Budha Statues in Afghanistan.. and people call this religion a religion of peace..., its a joke.

    Islam is a religion which does not even preach to treat your own wife with respect. Its a religion which teaches men to kill their wife incase they don't obey them. Even today women are treated like doormats and "things" of pleasure for men in this religion.

    Lets face it the fact is that Muslim community is now being cornered by the western world is because the violent front of the religion has become the face of Islam and the moderate religions and community in the world cannot take this anymore. That is the reason why the Muslim are suffering. Its like saying in Hinduism.. the Karma is catching up with you.

    Its sad that even today in India the muslim which is a minority community is holding the whole country back.. they continue to fight the hindus where ever they can and whenever they can in places like Kashmir and unfortunately the Indian leaders and Hindu community continue to follow the principle of Non Violence which is not working.

    The islam religion is not a religion of unification on the contrary the religion teaches the Muslims that non-Muslims are infidels and that they should be killed and that is the reason why Isalm was instituted through coercion and violence. So lets face Islam is everything but a religion of peace.. and yes I think the world is now waking up the violence of this religion and sooner or later the Islamic religion has to evolve into a moderate religion, failing which it will die its own death..




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  • ss1026
    12-21 01:00 PM
    The minorities in India for the most part don't want to do anything with extremism. Like the rest of india, they are concerned with making a decent livelihood though there is a somewhat sucessful attempt at painting them all as extremists by the Hindu Right wing.

    It is not embrassment as they are not part of this crime. It is sad that they are to go out and state their innocence in ways they did. If anyone has helped in the attacks, I say go after them and punish them within the laws of the country. If that means feeding them dal/roti in jail, so be it as long as they get the punishment they deserve.

    Pakistan is cornered and have to make some real effort to show that they are not trying to fade this incident away from the world's memory. Unfortunately, if they don't take quick and decisive measures, they could self implode. They better realise that it is better to fix their own dilipadated house than trying to destroy the neighbors. Though I am no war monger, for the short term I think a small 10-20 person tactical team can do some damage at precise locations. Tit for tat but with useful results

    Obviously the issue of internal problems has to be addressed. This is a source on which extremist can tap on. As someone mentioned on this forum, Saif Ali Khan ( who has a hindu mother, hindu ex-wife and hindu GF) cannot get a home in India's most cosmopolitan city. Neither can Javed akhtar ( an avowed atheist) or shabana azmi. One can only imagine what the normal minorities face everyday. And ignoring this as just complaints of an 'ungrateful' muslim populace does not remove the very real discrimination that minorities face in modern India.

    This is why I keep hoping for a Justice and executive system that address this. Punish the guilty. I have seen people either ignore the issue of Gujarat/orissa or even defend it. If you put your religion/race shades on, then one can ignore/defend such inhumane events. Equal opportunity for employment/housing/schooling is needed just like in USA. Address in an academic way if affirmative action is needed and take the politics out of it. One of the parameters of a strong democracy is the treatment and security of the minorities. India would only be stronger for it and that is my sincere hope. xyzgc -See if you can finally get around to address this.

    If that's what your experience has been, its good news.
    Overall, my experience has been completely opposite but if most Pakistanis are anti-terrorism as you say, half the battle is already won. I am also beginning to a get a sense that this has embarrased lot of muslims....and its set them thinking.

    However, how do you propose we bring the terrorists to book? Attack Pakistan? Bomb the terrorist camps out? Wait for another attack to happen, wait for your own family in Mumbai to be wiped out? And exchange hateful words on IV? Release the terrorists in exchange for political hostages or fedd them dal, chapatis in Indian prisons?

    Justice doesn't come magically or does it?



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  • Berkeleybee
    05-17 12:59 PM
    Qualified_trash,

    We (IV Core) have no problem with dissent or discussion. Both gc03 and learning01 each expressed their opinions on reacting to Lou Dobbs.

    On the issue of what to do about Lou Dobbs:

    (1) Lou Dobbs is no friend of ours (immigrants) -- he absolutely doesn't make the list of people we should thank! A little googling will tell you more about Dobbs and his immigration politics. He is using this argument today to further his ends. Not just Dobbs but other anti-immigrants are on a divide and conquer path to kill this version of CIR.

    (2) IV as a group has plenty else to do, so there will be no IV-wide response to Lou Dobb's comment of the day.

    On the other hand, all of our members are individuals, and they are free to express their opinions by calling or writing, so long as they do not claim that these are the opinions of IV as a group.

    best,
    Berkeleybee




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  • unitednations
    08-02 12:03 PM
    Actually, USCIS does nothing with the Consulate copy of G-325 if applicant has been in the USA for more than one year. You can find this fact in the I-485 Adjudicator's manual.

    Possibly.

    However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.

    Examples:

    You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?

    USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.

    There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...

    Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.

    Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.




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  • SunnySurya
    08-05 11:21 AM
    You certainly made yourself very clear. You are the most logical person , I have ever come accross. :p
    Labor substition was never yours to begin with...

    EB porting..you are already in the queue...you change ur job..go through the rigours of GC ..ad ..wad and lose a pad of money...then "IF" you are lucky you can regain ur position in the queue.... and looking at the 140 backlogs..anyone attempting to port his PD will end up getting stuck in the muck..;-)

    let me explain with example my friend:

    there is a blond ahead of you in the line....and suddenly she gets a nature call..she goes does her thing and returns...and she wants to regain her rightful place...

    now u my friend have a million dollar question: will u let her get back in the line in front of you...I bet u will...;-)

    now replace that blond with a desi.. i am sure i know your answer..."tere baap ka line hai kya"...

    so EB porting is possible only if you go through the rigours of stage 1 and 2...labor substition was a different animal..

    i guess i made myself clear..;)




    newuser
    04-10 12:59 PM
    E-mailed around 30 firms about the new law to reduce the H1B visas.




    jungalee43
    09-28 12:39 PM
    I am not US citizen and who becomes president or who the American people vote for is none of my business.
    But I can't resist writing here because it is going to affect my life in a great way.
    Sen. Obama's appeal of change is definitely attractive. But would he walk the talk?
    He mentioned American values in the debate. All of us i.e. the EB immigrants came here on the invitation of American Employers to help American corporations and economy. I came here little over 8 years ago, not only on the invitation but on the insistence of the American employers. I paid taxes from day 1 and followed every law in letter and spirit.
    My then colleagues, who were not invited, stayed back in India and have become Vice Presidents and Presidents of the companies. And they earn equal or more than what I earn here and have exactly same or better life style as I do, including the cars that I drive here. But I am stuck with the same job description and title that was assigned to me 8 years ago and all my retirement money in now with US government and none in India.
    Then I've realized that once the EB immigrants, invited by the American employers, enter the GC loop, they are chosen by US immigration system to discriminate on the basis of their country of birth. People born in Timbuktu clear all the three stages of green card in 5 to 15 months. But for people born in India, this journey is simply put, 'endless'. I am myself in the last stage of green card for last five years for the only reason that I was born in India.
    If Sen. Obama is really going to bring change, he’ll have to answer these core issues in the immigration system. What is broken is the respect for US values that he talked about. There is discrimination built in the system. There is no fairness, no equality and most of all no justice.
    And if his fellow Sen. Durbin calls the shots in next senate then it is all over for us and may be for American employers also. If I am asked to write 100 reasons why CIR2007 failed, I would write Durbin-Grassley provisions on EB immigration from no.1 through 50. That would be followed by the disastrous points based system from position 51 through 75. (My former boss, a great maintenance manager in a huge company in India migrated to Australia under points based system. The last I heard of him was that he was a taxi driver at Sidney airport.)
    If a scenario happens where Sen. Durbin calls shots in senate, Sen. Obama would be turning back on his promise of change. To bring change he may have to take the current senate democratic leadership head on. His best chances are with Republican Senate and Democratic House.
    I am really really worried but still I wish all the very best to Sen. Obama.



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