Friday, July 1, 2011

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  • rimzhim
    02-23 08:52 AM
    here is someone who gives the real picture.

    http://www.tuftsobserver.org/news/20070223/four_myths_about_immigrat.html
    i doubt that this is the real picture. it is one opinion and full of nonsense. the article tries to defend illegal immigration. that kind of an attitude will never help us who are trying to immigrate legally. also just because legal immigration is a long and difficult process does not mean that it is okay to break the laws and become illegal. those who came here illegally could never have come legally on EB visas. so this kind of rubbish no one will buy.




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  • sc3
    07-14 05:29 PM
    I definitely feel that EB3 should go ahead with this campaign. there has to be some fairness ...if we don't speak up then year after year, the same thing will happen and maybe in 2015, EB3 will get spillover visas. those who are writing against EB3 --tell me this, if a person who has come to US in 2007 and he has applied during the july fiasco ..and if he gets preference over a EB3 person who is still stuck with a PD of 2002 ..would you still say that the system is fair ???
    my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???


    yes, we should continue with the campaign. However, I am more concerned about getting what has been already made available to us. While I am willing to play by the rules and wait, I am not willing to cede my place in the line.

    Asking for 2 to 1 ratio etc. is something new, and will require legislative process, on that I am not an ardent supporter, there we can just request (and hope for the best), but in making sure we are getting what we were promised is demanding the best.




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  • chanduv23
    04-13 01:40 PM
    It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.

    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.

    From what I understand, employers ready to pay all these benefits if employee decides to be salaried, but will not give employee control over the billing.

    In my case, I never take per diem, but I do find projects on my own and control over how much I must get and employer adjusts payroll accordingly because I marketed myself and also work hard at the client and get projects extended due to performance which benefits the employer, I also help employer with inhouse work. My wife has excellent benefits covered so I don't bother to take any benefits from my employer other than the money.

    Anyone can be paid a fixed consulting fee, just not h1b. You can find US citizens working for hourly pay because they don't need benefits as they may get through spouse.

    As long as you declare income and pay taxes, this is not a grey area.

    Once again, anti immigrants can make this also an issue as for them everything with H1b seems to be an issue.




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  • sledge_hammer
    03-23 01:24 PM
    I'm not sure if its just me being a conspiracy theorist for a change, but I see that these types of phone calls and RFEs, etc are coming only to people that DON'T have a lawyer. Anyone else feels the same?



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  • unitednations
    07-17 12:19 PM
    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.

    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.



    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 PREVIUOS 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??




    Thanks.

    I am assuming that you haven't left the country since 2005?

    Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.

    What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.

    Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.

    Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.

    Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).

    The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.




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  • panky72
    08-08 10:39 PM
    HERE COMES THE BEST JOKE OF THIS THREAD

    I got a RED dot for this post.

    Comment - "Racist Joke".

    I also got a red dot for my joke:confused:. Never used any foul language. Comment left was "This type of "blonde jokes" or "sardar jokes" etc are not really suited for a skilled immigrant community forum." I don't understand why do people give Red dots even for jokes. The title of the theread is Ligthen Up.



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  • delax
    07-14 09:35 AM
    Well, why is there 33% quota for EB1,2 and 3 in the first place. They could have very well made it 100% for Eb1 and if there was any spill over, EB2 gets them and then finally EB3! Because, US needs people from all categories.

    Now all that I am saying is there should be some % on the spill over that comes from EB1.

    If there are 300,000 applicants in EB2 and if the spill over from EB1 is 30K every year, you think it is fair that EB2 gets that for over 6-7 years without EB3 getting anything? That is not fair and if that's what the law says, it has to be revisited. I am saying give 75% or even 90% to EB2 and make sure you clear EB3 with PD as old 2001 and 2002. That is being human. They deserve a GC as much as an EB2 with 2007 (and I am not saying that EB3 2007 deserves as much as an EB2 2007).

    Bottom line, EB3 (or for that matter any category) can't be asked to wait endlessly just because there are some smart kids in another queue! We can come up with a better format of the letter; we can change our strategy to address this issue; we do not have to talk about EB2 and mention only our problems. We want EB3 queue to move.

    Actually its 28.6% of the worlwide total for each category, but I'll ignore your ignorance about that. Remember that once a country retrogresses, there is a specific ORDER laid down by law on how to allocate visa numbers. It is only after the higher reservoir is full that visa numbers flow to the lower reservoir. If you are asking to fill both reserviors partially then what answer do you have to the EB2 candidate who did not get a visa number because an EB3 either ROW or from a retro country was allocated that number purely based on the length of wait.

    Please understand that Law in general and immigration law in particular is about DUE PROCESS and DUE NOTICE. This flies in the face of both. Your argument is completely invalid for an EB-2 cadidate who did not get the visa number because of your 'fairness' rule.

    If you sow the wind you'll reap the whirlwind!




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  • just_wait_for_gc
    08-11 11:53 AM
    this moron has failed to realise the unfortunate fact that UK has been(and continues to be) the head quarters for all terrorists. In fact they need to fix their immigration system .
    Anyway I dont give a shit to this freak. My favourite website is no more CNN...



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  • s_r_e_e
    08-06 01:43 PM
    Here is what happened.
    All monkeys also interfiled and became lions.

    :D:D that was a good one.




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  • nojoke
    01-01 02:26 PM
    earlier even I had views like yours (one of our close friend was killed in 1993 blasts) ,,but think with a cool mind ..war will just lead to loss of more lives, economy everywhere will be devastated and you get more hardcore idiots/fundamentalists ..you don't set a house on fire to kill few rats ..there are changes happening ..pakistan has killed many terrorists on its borders
    lets first see where we Indians are at fault ..which did congress (I) remove POTA, why were they (BJP included) advocating more train/bus tours with pakistan, why grant them visas at all ..why can't India fortify its borders (apparently politicians have tons of money for foreign tours and medical visits ..VP singh, kamal nath , there was one politician from Tamil nadu who spent crores and crores in a hospital in texas) ..why can't they give proper salary, weapons, immunity to police force ..why do they give special status to Indian muslims (instead of trying to integrate them in the main stream), why the HAJ subsidy ..I can go on and on ..lets first focus on changing these things before talking about war

    There are more problems to solve. But we don't need to tolerate another problem from pakistan. Do we need to wait to clean up our mess, while pakistan creates more mess in our country. No country is perfect. That is not a reason to allow another country to threaten and 'bleed by thousand cuts'. Even the most advanced countries(including USA) is not without corruption. But these counties do act when attacked. d



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  • BharatPremi
    03-26 05:05 PM
    Unfortunately, there are no simple answers. Mortgage rates are tied to 10 year bond rate, so they generally are not affected much by short term fed rate. With credit crunch, bond market is in real bad shape.
    Fed is trying to supply short term funds to ease this crunch. I don't know how low Fed will go for this. What I am seeing is mortgage rates being stable or going down a little in near term bcoz of Fed easing. For long term, I believe rates will go up as bonds have to become attractive to get new investors.This may not be the best ( absolute bottom) but definitely very good time to refinance if it makes sense for your conditions.
    For first time buyers like me, there are a lot of parameters to be considered. In my opinion the parameters are tilted towards faster house price drop . Hence I am waiting at least for a year. I will not do anything till next spring.

    Thank you very much.




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  • gcisadawg
    01-07 04:49 PM
    From the wikipedia:

    As of October 13, 2006, the Gujarat High Court ruled formation of UC Banerjee committee "illegal" and "unconstitutional". As of now all its probe results stand invalid.

    Thanks for the link, that is exactly my point. One committee/institution comes up with one story and another one denies it. It goes on and on till the common man forget the whole thing. And then a new issue comes up..

    Lets wait and see how 'Supreme Court' appointed R.K Raghavan commission plays out.



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  • senthil1
    05-15 09:11 PM
    No this is not correct. If consultancy companies are not there we could find a permanent job. I do not think if H1b is banned for consulting H1b numbers will be reduced so much. H1b rotation will be reduced. But still TCS, Infosys will survive as they have lot of other options like L1 and B1.But US persons will make more money in consulting as there is no restriction for them. So impact is minimal for US companies and also H1B persons. impact will be severe for bodyshoppers. Also current H1b people will not be impacted as most of them will file I 485 as Skil bill be passed. But H1b abuse will be minimised.

    If consultant companies are not suppose to body shop most of us will be jobless. Please look back how you came to this country in the past.
    Body shopping in not a new concept for H1-B, don't know why they are concered now.




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  • file485
    07-07 11:06 PM
    I have a .pdf file as to how the 485 files are processed right from the time we mail the packets until they r adjucticated..it is from ilw.com..

    I cant attach the pdf file,probably it is too big..

    pls get in touch with that attorney too..

    dont lose heart,there should be some way around..only thing is catch hold of a good lawyer..don't wast time with company attorneys



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  • lfwf
    08-05 03:17 PM
    So why are those of us not in IT suffering the consequences of this?
    Jobs in my field are pretty well defined so all this crap that is being said on thsi thread is really surprising to me.




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  • mrajatish
    07-08 10:35 AM
    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.
    You are right about the dependent/derivative thing - it was my misunderstanding.

    The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df


    Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm

    245(k) reads:

    "(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

    (A) failed to maintain, continuously, a lawful status;

    (B) engaged in unauthorized employment; or

    (C) otherwise violated the terms and conditions of the alien's admission."

    Unauthorized Employment
    Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.



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  • dartkid31
    05-25 01:45 PM
    http://www.law.yale.edu/outside/html/Public_Affairs/709/yls_article.htm

    February 23, 2006
    Watch Video of Author Tom Friedman's Lecture

    Please note: You will need Quicktime 7 to view this video.

    BTW People who support Lou and his view are as ignorant and xenophobic as he is.

    Communique - Your posts dont suggest that you are an immigrant or even pro-immigrant.

    agreed. I think most people on this site have also noticed that.




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  • lfwf
    08-05 03:09 PM
    Never said that. That was just a "story" response to a "story" post. The intent of the post is DO NOT TRY TO FRAME THE ISSUE IN ONE STORY. THERE ARE MANY STORIES.

    True.

    However you offered no answer to the original question raised by the "story". If you spend years doing an advanced degree instead of working with a bachelors, should you be penalized for all those years? many of us are being penalized. We get PDs when we finally start working. And folks who port based on experience working during that time then jump ahead of us in EB2.
    You will have to explain how this is fair.

    Instead of addressing the issue you threw in the red herring about rich kids. That was uncalled for in this debate. How do we know the EB3 bachelors was not paid for by rich parents? And are we now to penalize those with rich parents?

    I worked through many years and educated myself highly. Now I am to be told that anyone who came to the US with me OR after me and managed to get a job early on and a PD, has to be ahead of me because they were "waiting"? So I was not waiting just because I got advanced degrees and had to wait for my PD? Why do you think preference categories were created at all? Why not just one big pool?




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  • number30
    03-24 11:37 AM
    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

    No one is taking on or poking at USCIS.

    On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

    When we talk about good faith employment - it is the relationship that exists during the terms of employment.

    While your analysis makes sense - we really never know what is happening behind the scenes.


    What the consulting companies( Including Mine) are working like placement cell holding the stock of consultants. This is being questioned by the USCIS. They are understanding the mode of the operations. These stock does not have any usage unless they get some order. This is question was getting raised in H1B RFEs since last two-three years. With H1B you can escape with contracts between companies. But the concern with green card is will they accept such kind of agreements as proof of an permanent job? It will come to nature of the business of the company.

    (sorry for the Language )




    puddonhead
    06-26 07:57 PM
    FYI - Historical Census of Housing Tables - Home Values (http://www.census.gov/hhes/www/housing/census/historic/values.html)

    Thanks for the data. There is one more twist to the story though. The "median home" of 1940 is NOT the same as the median home of 2000. The home sizes have more than doubled in this period (dont have an official source right now - but look at Google Answers: Historic home sizes (http://answers.google.com/answers/threadview?id=110928) . A little digging should give us an official source if you want.).... So, if the median home prices have doubled post adjustment for inflaton - that really means that the prices have stayed flat adjusted for inflation.

    Statistics is a bitch :-D

    Edit: Errrr - the median prices actually quadrupled - and not merely doubled, while the home sizes increased by about 2.3 - 2.4 times. This means roughly 1.6 times actual appreciation - i.e. less than 1% of compounded interest (1% over 60 years = 1.82 times). Compare that to the safest vehicle out there - TIPS and tell me who would have been better off - the guy who bought his home in 1940 or the one who bought TIPS (assuming his net cash flow was zero - i.e. he earned the same as he spent for the house).




    rsdang
    08-12 11:24 AM
    HOTEL KERALA-FONIA

    On the road to Trivandrum
    Coconut oil in my hair
    Warm smell of avial
    Rising up through the air
    Up ahead in the distance
    I saw a bright pink tube-light
    My tummy rumbled, I felt weak and thin
    I had to stop for a bite
    There he stood in the doorway
    Flicked his mundu in style
    And I was thinking to myself
    I don't like the look of his sinister smile
    Then he lit up a petromax
    Muttering "No power today"
    More Mallus down the corridor
    I thought I heard them say <<

    Welcome to the Hotel Kerala-fonia
    Such a lousy place,
    Such a lousy place (background)
    Such a sad disgrace,
    Plenty of bugs at the Hotel Kerala-fonia
    Any time of year
    Any time of year (background)
    It's infested here
    It's infested here
    His finger's stuck up his nostril
    He's got a big, thick mustache
    He makes an ugly, ugly noise
    But that's just his laugh
    Buxom girls clad in pavada
    Eating banana chips
    Some roll their eyes, and
    Some roll their hips
    I said to the manager
    My room's full of mice
    He said,

    Don't worry, saar,I sending you
    meen karri, brandy and ice
    And still those voices were crying from far away
    Wake you up in the middle of the night
    Just to hear them pray

    Save us from the Hotel Kerala-fonia
    Such a lousy place,
    Such a lousy place (background)
    Such a sad disgrace
    Trying to live at the Hotel Kerala-fonia
    It is no surprise
    It is no surprise (background)
    That it swarms with flies

    The blind man was pouring
    Stale sambar on rice
    And he said
    We are all just actors here
    In Silk Smitha-disguise
    And in the dining chamber
    We gathered for the feast
    We stab it with our steely knives
    But we just can't cut that beef
    Last thing I remember
    I was writhing on the floor
    That cockroach in my appam-stew was the culprit,
    I am sure
    Relax, said the watchman
    This enema will make you well
    And his friends laughed as they held me down
    God's Own Country? Oh, Hell!



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