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  • pcs
    05-16 12:54 PM
    Free market economy is the best for mankind. As long as nobody steals, laws should not bind people's imagination & creativity.

    Hiring of H1-B by "consultencies" is like stocking goods in a shop before you open for business. This is an acceptable model for business in any society. I support the process of hiring H1-B by bodyshoppers, BUT would like Congress to implement some guidelines by which H1-B should have more dignified life & freedom to work like.... unlimited freedonm of job changes of employers within 6 years or valid VISA period. Self administration / support of green card process. This single step will cure all evils.

    By the way, I am not an IT guy / bodyshopper





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  • yagw
    08-08 12:41 AM
    Wonderful thread... keep it flowing folks... :)

    here are some yogi's quotes:

    "This is like deja vu all over again."

    "You can observe a lot just by watching."

    "You've got to be very careful if you don't know where you're going, because you might not get there."

    "If you don't know where you are going, you will wind up somewhere else."

    "You better cut the pizza in four pieces because I'm not hungry enough to eat six."

    "Baseball is 90% mental -- the other half is physical."

    "If you come to a fork in the road, take it."

    "I made a wrong mistake."

    "Nobody goes there anymore; it's too crowded."

    and now the best one...

    "I didn't really say everything I said."





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  • alisa
    04-07 12:32 PM
    Why don't we let CompeteAmerica and Bill Gates and the geniuses in congress/senate figure out what the adequate number or H-1s should be. We don't care if the H1 numbers go up, or down, if I am not mistaken.

    We should only oppose increased hardships/obstacles in the form of LCA/administrative hurdles for H-1 renewals. Something that will only enrich the lawyers more, and increase the workload for USCIS.

    Whether there should be 65K H1s, or 115K, or zero. That should not be our concern.



    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.





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  • kshitijnt
    06-26 01:33 PM
    Dear IV Members, Kindly be respectful to others even if you do not agree with their opinion. I saw ValidIV was give a lot of negative reputation since he disagreed with views of many people. KIndly do not do so. The debate should be respectful with honorable disagreement.



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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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  • NKR
    08-05 08:26 PM
    What does it have to do with immigration lines?.

    Exactly, how does your below statement fall within the immigration lines?..

    I believe you missed the entire point.
    Whether you have money or not is irrelevant nonsense. This is like complaining that you are married so cannot have a girlfriend- that is your problem pal. Make your own choices, don't blame others for them.
    Now, answer the question- why are the years spent in MS/PhD not getting any credit? .

    This is what you need to be asking and fighting for, do not say that since you are not getting benefits then let EB3 guys also not get any benefit. It is like saying that since I do not have a girl friend neither should others. Two wrongs won’t make a right.

    If you and I both came in 2000, and I did a PhD and you worked..(this is not that far from my story- so it's not completely fictional), your PD might be 2002 and mine may be 2007. Now you are as close to current in EB3 as I am in EB2. Now if you jump to EB2 without porting), you would be 2008 (or even 2006) and given faster movement in EB2 you benefit. If you jump with porting, I'm totally screwed. You are way ahead of me simply because I chose to get the degree. Does it begin to make any sense? You are asking for the ability to get a GC because you have waited "x years". So HAVE I!!!!
    Except that my PD does not reflect it like yours. If you still insist you have first right...well that's your opinion. .

    Some people do not port, they directly apply for EB2 (this is not that far from my story- so it's not completely fictional) but I do know people whose PD is early 2002 and still waiting just because they filed in EB3 for some reason and if they want to port, I completely understand.



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  • nk2006
    09-30 10:13 AM
    I was schocked to find out on Sep 22 that my I-485 has been denied. My wife is on AP and can't enter U.S now withot her H4.

    Sorry to know your troubles. I am curious about the reason for 485 rejection and how you are going about it (is it because of using AC21 and I140 revocation by previous employer?) - there is an effort to deal with I-485 rejections without NOID - there is a separate thread on that with conf call today. Please join the call and give your details. Thanks.





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  • Rinku
    05-15 02:19 AM
    hey guys,

    M new to this. I have applied for a H1 B this year ....i went thru the pdf on bill S 1035 ...& it states the following:

    Section 2(e) Prohibition of Outplacement
    1. Employer cannot place, outsource, lease, or otherwise contract for the
    placement of an employee on H-1B. (This prohibits any consulting work for
    an employee on H-1B).
    2. This applies to all the application filed after the enactment of this bill.

    Does it mean that all existing consulting work will also be in danger?? M a bit confused as point 2 states that it will be for all applications after the enactment of the bill. Does that affect H1-b holders frm this year itself??



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  • alisa
    01-03 11:30 PM
    But the point is, these cockroaches came to Mumbai from Pakistan are fed by ISI, don't you still realize. In what language do you want to hear?

    I don't think so.
    I think the current army and civilian leadership in Pakistan does not want to have unfriendly relations with India. Its just that the inertia and the momentum of the past policies is still making an impact today.





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  • file485
    07-08 04:35 PM
    thanks UN..

    we don't mean to bug you..!!

    but sometimes these r so scary..it feels we r better off being illegal in this country..

    all this is just plain BS..when we r paying so much in taxes and SS in this country..we r still chopped and diced like vegetables ...

    btw..on the same note since you r here..does the 'out of status' count only after the last entry in to thr country..or it is still scrutinised right from the time you land into the US..

    pls post..



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  • diptam
    09-26 04:37 PM
    Just Kidding - reading your post i was feeling like I'm reading a comment from Fox News. However i do respect your opinion and thanks for expressing it.

    My Point is more long term - in the shorter term no major change can happen to economy even if Barack wins but eventually Economy would be stronger under Barack's leadership. He also stressed that he would stop "JOBS BEING SHIPPED OVERSEAS" which means companies like TATA or INFY or some Chinese company taking my Job ( or any American's Job ) away from US to INDIA or CHINA. If you are planning a future in US - you would not want your US job taken away by your brother at INDIA or CHINA and Barack will make sure that doesn't happen.

    The Bottonline is he will create tons of Jobs at US , so unemployment will be very low , average peoples will be happy and however loud ANTI-IMMIGRANTS scream and shout no AMERICAN will pay attention. Our EB reforms will Pass much easily and we will be able to able to lead a much happier and content life with GREEN CARD.

    Once again my Point is definitely Long Term - in the shorter duration Barack has to first fix the Mortgage Mess and do something with Iran by taking help from EUROPE.

    For arguments sake :)
    if Barak wins the skies will part, unemployment will disappear, GCs will rain from the sky. Americans will hug Iran and peace will prevail....it is insane arguments like the one below that obamaphiles make, scares me about what will happen when he becomes the president. No legislative experience that is ok for him but not ok for Republican VP choice. Trashy ads from him are ok but no..no from the republicans. not a single major newspaper talks about his dealings with rezko or the 100k allocated to be spent on the garden. No major deatails on a single concrete proposal...reason being that public is not interested in the finer details. In the tank with major unions, look at the promises being made to them...anyways i dont get to vote i can look at all this dispassionately and watch it from far. He has a slick marketing campaing and the media loves him. Either ways my EB is so screwed i dont think either can help us out.
    as you say 'lets take it EZ'





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  • axp817
    03-25 12:17 PM
    Oh, and I think I should elaborate just a little more.

    I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.

    Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.

    My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.

    Thanks again,



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

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

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

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

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

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

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

    (2) Definitions. As used in this section:

    Advanced degree

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

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



    ____________________________
    US Permanent Resident since 2002





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  • simple1
    06-05 01:00 PM
    The arguments like the following works for gc/usc only, who can stay put even after loosing job. The H1b has to leave the country.
    - best time to buy
    - inflation level of the real high prices
    - lock low interest rates now.
    - clean/strong foreclosure houses available now.
    - federal incentive to buy house.
    - downpayment assistance.
    - etc.



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  • unitednations
    07-09 12:12 PM
    thanks for the clarification on this..

    but when we re-entered the US, the i94 just mentioned 'on H1 status ..until..xx/xx date'..same way for H4-i94 card mentioned 'on H4 status ..until xx/xx date'..

    we dint show any INS papers..except for the passport(and confuse the officer at the POE)

    In our case,when my daughter came to US in May 2003, we had the i94 original(which we didn't keep the photocopy for our records),filed for her H4 etxn,went to Toronto for H1/H4 stamping,in 2 months when we went for vacation to India, gave away that i94 card at the airport while exiting and re-entered with a new i94.

    I can still see that i94 card lingering in front of my eyes..for which I dint keep a photocopy..


    Sometimes they write the company name and sometimes they don't. However; they do input it into their system (receipt number, company name, etc.). I instruct people to watch very carefully and to verify which company name they are putting into their system.

    Since you haven't posted the RFE's it is difficult for anyone to really give you much detailed answers or pointers. You now just need to give it to a good lawyer who can give a strong response.





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  • unitednations
    08-02 10:51 PM
    ouch. there is always uncertainty, all steps of this gc process :(

    thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.

    We are just a widget/number to uscis adjudicator. All of these ability to pay denials were very scarce prior to 2004. However, in 2003 and 2004 a lot of the 245i labors got approved (gas stations, restaurants, etc.). USCIS started to see a lot of bogus companies filing for people. They decided to clarify in a memo how they were going to look at ability to pay. Now; ability to pay was used rarely, in those cases that didn't look genuine (if you go to AAO decisions you would have seen the type of companies that uscis usually went after). However, to combat the 245i labors they started to apply the memo to all companies. Just imagine that a company with $20 million revenue can get ability to pay denials; but a company with $15,000 in revenue can get approval.



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  • engineer
    01-03 12:31 AM
    Writer, Shuja Nawaz
    http://www.shujanawaz.com/index.php?mod=about


    Brinksmanship in South Asia: A Dangerous Scenario
    December 26, 2008 10:32 | PERMALINK (http://www.shujanawaz.com/blog/brinksmanship-in-south-asia-a-dangerous-scenario)
    Reports of military movement to the India-Pakistan border must raise alarums in Washington DC. The last thing that the incoming Obama administration wants is a firestorm in South Asia. There cannot be a limited war in the subcontinent, given the imbalance of forces between India and Pakistan. Any Indian attack across the border into Pakistan will likely be met with a full scale response from Pakistan. Yet, the rhetoric that seemed to have cooled down after the immediate aftermath of the Mumbai attacks is rising again. It was exactly this kind of aggressive posturing and public statements that led to the 1971 conflict between these two neighbors. Pakistan has relied in the past on international intervention to prevent war. It worked, except in 1971 when the US and other powers let India invade East Pakistan and lead to the birth of Bangladesh. What makes the current situation especially dangerous is that both are now nuclear weapon states with anywhere up to150 nuclear bombs in their arsenal. If India and Pakistan go to war, the world will lose. Big time. By putting conventional military pressure on Pakistan, is India calling what it perceives to be Pakistan�s bluff under the belief that the United Sates will force nuclear restraint on Pakistan?
    The early evidence after the Mumbai terrorist attack pointed to the absence of the Pakistan government�s involvement in the attack. Indeed, the government of Pakistan seemed to bend over backwards to accommodate and understand Indian anger at the tragedy. But, in the weeks since then, as domestic political pressure mounted on the Indian government to do more, talk has turned to the use of surgical strikes or other means to teach Pakistan a lesson. It was in India�s own interest to strengthen the ability of the fledgling civilian government of Pakistan to move against the militancy within the country. But it seems to have opted for threats to attack Pakistan, threats that, if followed up by actions, may well derail the process of civilianization and democratization in that country. India must recognize the constraints under which Pakistan operates. It cannot fight on two fronts. And it lacks the geographic depth to take the risk of leaving its eastern borders undefended at a time when India has been practicing its emerging Cold Start strategy in the border opposite Kasur. Under this strategy, up to four Integrated Battle Groups could move rapidly across the border and occupy a strategic chunk of Pakistani territory up to the outskirts of Lahore in a �limited war�.
    For Pakistan, there is no concept of �limited war�. Any war with India is seen as a total war, for survival. It risks losing everything the moment India crosses its border, and will likely react by attacking India in force at a point of its own choosing under its own Offensive-Defensive strategy. (That is probably why it is moving some of its Strike Force infantry divisions back from the Afghan border to the Indian one.) As the battles escalate, Indian�s numerical and weapon superiority will become critical. If no external intervention takes place quickly, Pakistan will then be left with the �poison pill� defence of its nuclear weapons.
    The consequences of such action are unimaginable for both countries and the world...
    The NRDC (Natural Resources Defense Council) conducted an analysis of the consequences of nuclear war in South Asia a year before the last stand-off in 2002. Under two scenarios, one (with a Princeton University team) studied the results of five air bursts over each country�s major cities and the other (done by the NRDC alone) with 24 ground explosions. The results were horrifying to say the least: 2.8 million dead, 1.5 million seriously injured, and 3.4 million slightly injured in the first case. Under the second scenario involving an Indian nuclear attack on eight major Pakistani cities and Pakistan�s attack on seven major Indian cities:
    NRDC calculated that 22.1 million people in India and Pakistan would be exposed to lethal radiation doses of 600 rem or more in the first two days after the attack. Another 8 million people would receive a radiation dose of 100 to 600 rem, causing severe radiation sickness and potentially death, especially for the very young, old or infirm. NRDC calculates that as many as 30 million people would be threatened by the fallout from the attack, roughly divided between the two countries.
    Besides fallout, blast and fire would cause substantial destruction within roughly a mile-and-a-half of the bomb craters. NRDC estimates that 8.1 million people live within this radius of destruction.
    Studies by Richard Turco, Alan Robock, and Brian Toon in 2006 and 2008 on the climate change impact of a regional nuclear war between these two South Asian rivals, were based on the use of 100 Hiroshima-sized nuclear devices of 15 kiloton each. The ensuing nuclear explosions would set 15 major cities in the subcontinent on fire and hurl five million tonnes of soot 80 kilometers into the air. This would deplete ozone levels in the atmosphere up to 40 per cent in the mid-latitudes that �could have huge effects on human health and on terrestrial, aquatic and marine ecosystems.� More important, the smoke and sot would cool the northern hemisphere by several degrees, disrupting the climate (shortening growing seasons, etc.) and creating massive agricultural failure for several years. The whole world would suffer the consequences.
    An Indo-Pakistan war will not cure the cancer of religious militancy that afflicts both countries today. Rather, India and Pakistan risk jeopardizing not only their own economic futures but also that of the world by talking themselves into a conflict. The world cannot afford to let that happen. The Indian and Pakistani governments can step back from the brink by withdrawing their forces from their common border and going back to quiet diplomacy to resolve their differences. The United States and other friends of both countries can act as honest brokers by publicly urging both to do just that before this simmering feud starts to boil over.
    This piece appeared in The Huffington Post, 26 December 2008 (http://www.shujanawaz.com//)





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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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  • NKR
    04-14 04:21 PM
    Exactly. This argument of buying house for kids is no argument. You can argue on either side. The problem is when NKR made a statement that it is big deal to not buy a house because your kid will ask "can you give back my childhood?". As if a 7 year old will regret not owning a house. The child will also regret not owning a playstation3, eat chocalates all the time, play all time. We all know what we wanted when we were kids.

    Comparing buying playstation3 and chocolates with buying a house is nojoke. The argument of buying playstation3 and chocolates is no argument.





    gomirage
    06-07 10:21 PM
    For me its a very simple thing, print that damn thing of plastic and I will buy.

    lol, can't blame you.





    go_guy123
    07-28 03:29 PM
    Atleast republicans listen to Microsoft, Google etc and gives some visa etc...AllObama does is warn about Indians and Chinese growth

    You are right... dealing with Republicans is easier ....they listen to American Chamber of Commerce, ITAA et al. When Tom Delay was incharge....it was straight forward. you fund GOP, we will look after you.

    GOP taps the cash of industry...and leverages the anger of extreme right (mainly against illegal immigrants, gays and anti-gun/anti-god issues) Works good for skilled immigrants.

    Yes there are nuts like...Tom Tancredo but GOP whips takes care of those (Note: GOP is a party that demands loyalty. Had it being the GOP, they would have extarcted revenge from Joe Liberman for disloyaty). It is the democratic paty that has historically faced infighting.
    Since 1994 it was the GOP in charge and thats also a reason H1B got the AC21 etc.



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