Tuesday, June 28, 2011

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  • learning01
    05-24 12:44 PM
    can you tell me why nurses and physio-therapists are brought on H1B visas, and once they are employed their GCs are applied straight away and UNDER NO quota.

    You seem to be liking one or part of Lou's argument. You are only seeing the trees. My friend, start to see the forest. The big picture of Lou.




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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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  • 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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  • satishku_2000
    04-12 05:48 PM
    Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.

    My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).

    IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.



    You mean to say Employer splitting the earnings with employee? I think that is legal as long as you pay uncle SAM his share (I mean taxes ):D

    My roommate/landlord is a "master hair stylist" and law abiding american citizen, He gets 40% of the revenue he generates as his salary.


    What section of law says that it is illegal to work on percentage basis .



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  • pthoko
    07-10 10:07 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.




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  • neoneo
    04-08 01:06 AM
    This is an interesting bill and I feel it'll pass. There are lot of gotcha's but there are some good things. I'm glad to see H1-B rights and whistleblower sections. This was way past due. Really, this is more of a culmination of those few employers who have tried to exploit the system / employees.

    key points to ponder:

    - Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)

    -> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.

    I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.



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  • Macaca
    02-25 07:01 PM
    �I am a .com success story because of you hard working H1B�s�-------- Dobbs.

    �But now I make a living by bashing them.�
    Is this a true statement? If yes, is there a URL for it? Thanks.




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  • rongha_2000
    01-03 11:47 PM
    oh thats the price YOU are willing to bear? How? By staying comfy in the US? Its easy to say dude when you are 7000 miles away. If you (and i know you are not) or anyone in your family is in the military, you would not dare to make such a stupid statement.

    This whole thread is ridiculous and should be deleted. It has no place in immigration forums.

    We are a sovereign nation and are capable of defending ourselves, whatever the cost may be. Yes, it will set us back economically and we may lose thousands of lives, but that is the price we must be willing to bear.



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  • lskreddy
    12-28 02:03 AM
    What about the lives of those 200 people who were killed? Please don't expense those 200 lives and other 100,000 lives in last 10 years

    The lives of those killed are surely very painful and it would demeaning to forget about (which I am sure India is guilty in hoards).

    It may seem like avenging their death by war is the path but if we do take that, what about the soldiers? They are someone's father, brother too. Just remember US Soldiers in Iraq.

    All I am hoping is before they take the war path, all options are expended. If the options are expended by now, and all the big think-tanks decide it is time, yes, by all means, go full throttle and put this to rest.




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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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  • vikki76
    04-08 01:48 PM
    New H-1B proposed reform bill is approximately same as it was in year 1999-2000.H-1B was never meant for consulting type of work.So, in 2000, there was a rule passed that in whichever state LCA was cleared,employees could work only in that state.Even in 1999 it was illegal for employers to say that they put their H-1B employers on a "client site".But, people did, on various pretext.H-1B employees were even required to keep their LCA petition with them at work all the time.
    8 years is a long time-many people have forgotten that crackdown.Then in 2002,economy nosedived-and most of the H-1B's went back.Silicon valley was deserted area.Highways all clear,restaurants business closed.Now,since 2004, all the closed businesses are back in operation.
    Some one must have remembered original intention of H-1B,and so re-introduced those provisions.
    If this bill passes- definitely, outsourcing will increase.Not every business will be able to afford $100 per hour programmers.But, again, isn't that good for developing world economy?




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  • mpadapa
    09-26 01:14 PM
    Just to clarify GWB is a Yale graduate.
    With a democratic controlled congress and Obama being a president, CIR is bound to happen. If high-skilled community doesn't unite and get our voices heard then we might come up empty. Remember the last time an immigration bill was passed by the Democratic president (AC21). They flashed few carrots (2-yr recapture, portability and H1 extension beyond 6 yr) and threw us under the bus with flood of 245i applicants. EB3 queue is still suffering from those backlogs.

    In the near term only democrats will be in a position to provide us with some relief because they control the congress.

    "I have no doubt in my mind that a Harvard graduate can get USA out of this economic turmoil. ":)
    i had to chime in, sorry but GWB is also a Harvard graduate. Only a Harvard Business graduate can get us in this turmoil ? :)

    Obama might be good, i dont know, i have yet to see a some good bills from him or concrete actions, but people like him and in the US perception and media support is everything. I think he will win. If might not be good for us because of the following
    a) Sen Durbin, is anti H1 and also anti GC (IMO)
    b) Massive support from labor unions. Just reading some of the statements from the the unions who support him indicate that they will want their pound of flesh after the elections. Watch out for those changes.
    c) If the democrats get a majority then there might be a chance (Reps dont have a chance of getting a majority), if the congress stays divided then the opinions are sharper and the same thing will happen again.
    d) CIR had little if any EB benefits, it was mainly for the illegals...we were simply added due to actions from IV and the rest.



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  • alisa
    12-27 12:08 AM
    So what in your opinion is the reason for the state and the government of Pakistan to provoke India, with the risk of starting a war with India that Pakistan cannot win, at a time when the economy is in a very very bad shape and there are multiple insurgencies and regular suicide attacks within Pakistan?


    Not at all.
    My 90 year old grandmother did this.




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  • unitednations
    03-24 04:08 PM
    Your posts are arguably best on this forum. I have religiously read all your posts and will do in future. Your posts always make sense. I just wish we could get more insight and perspective from you. Great work. Keep them coming.

    What are your thoughts on h1bs/GC sponsored by universities. Do you forsee any problems with them? Also any insight on long time it takes for visa stamping?


    No problems with Universities. I was surprised to see how many h-1b's are actually held by universities.



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  • fide_champ
    03-22 12:17 PM
    my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.




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  • nogc_noproblem
    08-26 07:19 PM
    Two rednecks were looking at a Sears catalog and admiring the models.

    One says to the other, 'Have you seen the beautiful girls in this catalog?'

    The second one replies, 'Yes, they are very beautiful. And look at the price!'

    The first one says, with wide eyes, 'Wow, they aren't very expensive. At this price, I'm buying one.'

    The second one smiles and pats him on the back. 'Good idea! Order one and if she's as beautiful as she is in the catalog, I will get one too.'

    Three weeks later, the youngest redneck asks his friend, 'Did you ever receive the girl you ordered from the Sears catalog?'

    The second redneck replies, 'No, but it shouldn't be long now. I got her clothes yesterday!'



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  • unitednations
    07-08 04:30 PM
    unitednations..!!

    r u the same from immigrationportal.com.. !! people r looking out for u in this immigration greencard darkness..

    Yes, that is the same person. I felt discouraged and decided to not actively post; unless there is some real interesting issue.

    I consider this a real interesting issue.




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  • 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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  • another one
    12-17 04:03 PM
    I agree with you ..Antulay is complete filth.

    But you are just another attention seeker wasting my money by using up the storage space in this forum. Let me predict what you are going to do ... half the posts on this thread will be yours ..mostly picking up a piss contest with anyone posting here. Below is a link to a constructive channel many have used. See you there..

    http://indianarmy.nic.in/career.html


    This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!

    Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.

    Times Of India Headline: Antulay raises doubts over Karkare's killing




    immique
    07-14 11:07 PM
    I think EB3 India may be the unintended beneficiary of the appropriate interpretation of the spill over of visa into retrogressed EB2 countries. I suspect that once EB2 India and China are current, the remaining visas will spill over into EB3. Thay do NOT spill over into EB3 ROW only but will spill over into EB3 as a whole. the reason for this is as both EB3 ROW and EB3 India are retrogressed, both these categories will advance equally as EB2 I and EB2 China are doing currently. I strongly think this will be the likely outcome next year and so EB3 India should see the PD movement approximately the same as EB3 ROW- but this will happen only when EB2 is current and the spill over reaches EB3 (this will likely happen in the final quarter of 2009)

    but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.

    The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
    Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
    There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
    Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
    The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.

    Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.




    rockstart
    07-14 12:47 PM
    USCIS has not changed any law they have re-interpreted an existing law which was unclear and some folks have said that CIS interprets laws based on inputs from congress to understand the intent behind the law. If you complain to CIS that you have changed law they will send you a polite reply that we do not make any laws we just implement it.

    Bear this in mind. We are not opposing because EB2 is getting the number, we are opposing because USCIS arbitrarily changed the law -- without any legislative approval. Remember, they changed the OPT rules and they are now facing lawsuit.



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