Friday, July 1, 2011

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  • krishnam70
    03-26 07:10 PM
    The attachment upload fails for me as well but goddamn UN, you are unbelievable.

    1. Your knowledge of the specifics and technicalities and access to information is very impressive

    2. And you go out of your way to share it with others

    That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.

    Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?

    That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?

    your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.

    - cheers
    kris




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  • ghost
    07-09 08:56 PM
    Really, H1B program and employment based greencard program, that brings professionals in skilled occupation into this country to fill a shortage of skilled workers has been vindicated beyond limit. And they keep beating the same drums. "They steal jobs". "They drive down wages". They make good soundbites. And they make good quotes for Lou Dobbs.



    Could not resist from posting this:

    http://www.youtube.com/watch?v=jqWPS1NYyVw&search=jon%20stewart%20on%20immigration

    One more example of Lou's extreme ideology.




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  • gc03
    05-17 12:54 PM
    learning01, I do not agree with you. You should better use different language. I am not here to promote or demote anyone.

    Let me ask you a quick question.
    Have you contacted Lou Dobbs to publish our stories? probably not.

    It's ideal to say thanks and indirectly ask him to publish legal immigration problems.




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  • mariner5555
    04-14 02:39 PM
    Glad to know that you remember me. I don’t understand your logic, do you mean to say that I go to my house only on weekends, or do you mean to say that people who live in apartments spend the weekdays with family and go to work only on weekends?. What is your point dude?.
    what is your point duuude when you say "Let’s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid “do you like the house?”. He will reply “it’s very nice dad, but can you give you give my childhood now?.”
    do you mean to say all those who are renting will buy after 10 years or do you mean to say that children who grow up in rented house or appt ..don't have a childhood ?? as it was mentioned in earlier posts ..there is a greater chance that your son / daughter will find a likeminded play friend in a good apartment complex then in a subdivision of houses.



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  • axp817
    03-27 03:44 PM
    ok..My docs have been received by AO.



    AO? Adjudicating officer?

    Good luck, keep us posted.




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  • unitednations
    03-26 08:41 PM
    So then lets take an example

    1. Company Files H1b from NJ
    2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
    3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
    4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?

    According to you anything is possible with USCIS these days.

    My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..

    -cheers
    kris

    Every time you amend the petition; it technically would be another h-1b; when you come up for extension (assuming when you amend the petitoin that you are not requesting for more time); you would be extending the latest h-1b that has been approved. You would have been complying with the terms and conditions of that particular h-1b so you shouldn't have any issues.

    California service center when adjudicating person B's H-1b asks for payroll reports of all employees. They will cross reference the h-1b's filed for other employees from the list and if they see even one person who has been paid lower then what their h-1b was filed for then they will deny person b's h-1b. California service center is relying on a case precedent that if a petitioner has not complied with a previous petition (even if it is a different persons petition) then they can't rely on their certification in the instant petition and deny it. Funny thing is that when I looked up that case precedent that they continually site; it is a marriage base case when a person tried to file a second petition. Another example of uscis doing what it wants to do.

    Now; I think everyone will start to understand why so many companies are cancelling h-1b's; revoking h-1b's for people on bench and generally not filing many h-1b's in this year quota or filing h-1b transfers for people without projects. I wans't too vocal when some members on the forums were trying to gather support for lifting country quotas; contacting media; etc., because I was well aware of what was going on behind the scenes and we are definitely in a defensive mode right now.



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  • chmur
    09-30 09:31 PM
    he is going to delay my GC further. Simple .I cannot vote but I would rather give my money to McCain if he is a better help in getting GC faster or atleast does not delay it any further.

    I am surprised at the arguments like "I know Obama will hamper our GC further but he is such good talker that my kids future will be safe "

    At best Obama will turn out yet another democrat pres . I doubt if he can match Clinton ...he will be more on Carter lines. Either way I could,nt care less.

    I guess it's time we focus only on our selfish needs ..which is GC ....why would something else be important in next 4 years for this community ...nothing else should matter ...




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  • 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.



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  • deba
    08-31 02:48 PM
    This is hilarious........

    http://odeo.com/episodes/7076453

    Vactorboy29, thanks..this is funny as hell. However, I do agree with boreal that it seems a little made up. Nevertheless, just hilarious. I have forwarded this to all my friends. Hope they get a kick out of this one.




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  • sanju
    12-17 04:38 PM
    sledge_hammer, xyzgc, truthiness,

    please remove bold text from your post in response to acool. In the words of Contessa Brewer, acool is a Fother Mucker.


    .



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  • Administrator2
    01-08 03:56 PM
    I just copied and pasted the coward Refugee_New's msg to me. I'll be careful about 'quoting others' also!

    Did you consider banning him?


    CreatedToday,

    We have not considered banning you or anyone else. Refugee_New has apologized for sending unfriendly messages.

    We work hard to keep the forums civil, without any use of abusive language. We need your help to achieve this goal before we are successful with the bigger challenges ahead of us in 2009.

    Thank you for your participation in the community effort.

    Administrator2




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  • Refugee_New
    01-07 09:44 AM
    If you are comparing the Sivakasi rocket with the Hamas's rocket, I can only sympathize with you. You certainly need to learn a lot--atleast the definition of 'Rocket' or 'Terrorists'.

    My point is sivakasi rocket has the capability of killing 6 people and 7000 hamas rockets taken lesser than that. We are reacting as if they have wiped out the entire nation. How inferior these rockets are when compared to sivakasi rocket. I am not justifying the rocket attack, but pointing out their impact and the voilent reaction to that.

    Every nation has right to defend itself and its people. Isreal has the same rights to protect people. That doesn't mean they can go and kill innocent civilians including elderly person, women, children, shcool children and bombing schools, hospitals, detroying infrastructure etc. After killing school kids, just dont justify your killing by saying they use kids as human shield. Dont destroy and don't lie.



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  • sroyc
    10-01 11:38 AM
    Irrespective of who wins, the state of the economy will decide whether immigrant friendly bills will be passed by the Congress. When the times are good, when most Americans are happy with their jobs, very few people will spend their time opposing bills that favor us.

    I've a very pessimistic view of the next 2 years. Most of the growth in the last 6-7 years was fueled by debt. Bailout or not, there will be more regulation on lending practices and consumers will find it harder to use their credit cards or home equity line of credit to buy things they really don't need. By some estimates, consumer spending accounts for 60-70% of the GDP, so you can imagine that any slowdown in spending will have a significant effect. I think that recovery from this downturn will be slow and painful. The only thing that can give the economy a huge boost is rapid growth in a new industry like green energy. It won't be easy to switch to green technology because of the strong hold of lobbyists from traditional energy companies over the Congress and it'll take a lot of political will and government spending to spur the green revolution. Will that happen under Obama or McCain? I've no clue. At least Obama has a plan to invest 15 billion dollars a year on renewable energy for the next 10 years.

    Meanwhile, I'm not holding my breath for another immigration bill. It's time to explore opportunities in other countries - India/Singapore/China/U.K./Canada/Australia.




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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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  • riva2005
    04-12 01:14 PM
    Its important to understand the root cause for the retrogression. Illegals dont have categories and categories in the EB GCs are there for a reason. It makes a world of a difference for somebody who is EB2 or EB3 if the person was from say.. Bangladesh. If EB2 he is all set if EB3 he will be languishing here. I am EB2 and am in trouble because of CONSULTANTS and yes I have a problem with that.

    Yes, we are all in trouble because of consultants. Nice attitude.

    I can say that I am in trouble because of everyone else in the queue of 500,000 highly skilled H1 and L1 people waiting for GC. Everyone else other than me and my family is causing trouble for me.

    If all others in the queue were to vanish or die somehow,my PD would become current and I can file for 485.

    Isnt that the attitude of IEEE-USA. We are in trouble because of competition from Indian and Chinese professionals.

    They have a problem with Indian and Chinese engineers whether they come here, or dont come here. They have problem with H1B, they have a problem if they dont come here and merely work on jobs in India and China that are outsourced from here to there.

    Just like IEEE-USA has problem with existence of competition, you have problem with the existence of consultants because that sub-community within this community is also asking for Greencards. And your solution is to eliminate competition.

    Consultants can say the same thing...that we are in trouble because of these perm-fulltime jobs holders who stick to one job for 10 years and we have a problem with that.

    How can you justify, with reasonable objective arguments that perm-fulltime jobs holders should be ahead of the queue from consultants and they are more deserving candidates for Greencard than consultants? I am not a consultant myself but I'd like to hear your reasoning behind this. Dont tell me crap that consultants pad their resumes. Everyone does it. Whether its consultants or perm-fulltime jobs holders, and whether its H1B or citizens, EVERYONE who is desperate for a job would pad his/her resume. You would do it too if it meant getting yourself away from filing bankruptcy.




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  • Macaca
    05-15 05:59 PM
    Why America Needs Immigrants (http://online.wsj.com/article/SB10001424052748703730804576313490871429216.html) By JONAH LEHRER | Wall Street Journal

    If there's one fact that Americans take for granted, it's that other people want to live here. As President Barack Obama noted in his speech on immigration earlier this week, the U.S. has always attracted strivers from every corner of the globe, often willing to risk great hardships to get here.

    During the 20th century especially, America became a magnet for the bright and ambitious. Millions of talented foreigners, from Alfred Hitchcock to Sergey Brin, flocked to our universities and benefited from our financial capital and open culture.

    There are signs, however, that the allure of America is fading. A new study by researchers at U.C. Berkeley, Duke and Harvard has found that, for the first time, a majority of American-trained entrepreneurs who have returned to India and China believe they are doing better at "home" than they would be doing in the U.S. The numbers weren't even close: 72% of Indians and 81% of Chinese said "economic opportunities" were superior in their native countries.

    Some of the local advantages cited by these global entrepreneurs were predictable: cheap labor and low operating costs. What's more worrisome is that these business people also cited the optimistic mood of their homelands. To them, America felt tapped out, but their own countries seem full of potential. This might also help to explain why the number of illegal immigrants entering the U.S. has plunged more than 60% since 2005.

    These trends are troubling because they threaten to undermine a chief competitive advantage of the U.S. Though politicians constantly pay lip service to the importance of American innovation, they often fail to note that it is driven in large part by first-generation immigrants.

    Consider some recent data. The U.S. Patent Office says immigrants invent patents at roughly double the rate of non-immigrants, which is why a 1% increase in immigrants with college degrees leads to a 15% rise in patent production. (In recent years, immigrant inventors have contributed to more than a quarter of all U.S. global patent applications.) These immigrants also start companies at an accelerated pace, co-founding 52% of Silicon Valley firms since 1995. It's no accident that immigrants founded or co-founded many of the most successful high-tech companies in America, such as Google, Intel and eBay.

    Why is immigration so essential for innovation? Immigrants bring a much-needed set of skills and interests. Last year, foreign students studying on temporary visas received more than 60% of all U.S. engineering doctorates. (American students, by contrast, dominate doctorate programs in the humanities and social sciences.)

    These engineering students drive economic growth. According to the Department of Labor, only 5% of U.S. workers are employed in fields related to science and engineering, but they're responsible for more than 50% of sustained economic expansion (growth that isn't due to temporary or cyclical factors). These people invent products that change our lives, and in the process, they create jobs.

    But the advantages of immigration aren't limited to those with particular academic backgrounds. In recent years, psychologists have discovered that exposing people to different cultures, either through travel abroad or diversity in their hometown, can also make them more creative. When we encounter other cultures we become more willing to consider multiple interpretations of the same thing. Take leaving food on one's plate: In China, it's often a compliment, signaling that the host has provided enough to eat. But in America it can suggest that the food wasn't good.

    People familiar with such cultural contrasts are more likely to consider alternate possibilities when problem-solving, instead of settling for their first answer. As a result, they score significantly higher on tests of creativity. Perhaps it's not a coincidence that many of the most innovative places in the world, such as Silicon Valley and New York City, are also the most diverse.

    We need a new immigration debate. In recent years, politicians have focused on border control and keeping out illegal immigrants. That's important work, of course. But what's even more important is ensuring that future inventors want to call America home.


    Europe and immigration are vital issues, so let's discuss them (http://www.telegraph.co.uk/news/worldnews/europe/eu/8514152/Europe-and-immigration-are-vital-issues-so-lets-discuss-them.html) Telegraph
    Fewer takers for H-1B
    The software scene in the US is changing (http://businessstandard.com/india/news/fewer-takers-for-h-1b-/435622/)
    Business Standard Editorial
    President Obama's dreaming if he thinks he's mending fences with immigrants (http://www.nydailynews.com/ny_local/bronx/2011/05/15/2011-05-15_prez_dreaming_if_he_thinks_hes_mending_fences.h tml) By Albor Ruiz | NYDN
    Twisting the truth on the Mexican border (http://www.washingtonpost.com/opinions/twisting-the-truth-on-the-mexican-border/2011/05/12/AFOJKi3G_story.html) The Washington Post Editorial
    The Secure Visas Act (http://www.cfr.org/immigration/secure-visas-act/p24959) By Edward Alden | Council on Foreign Relations



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  • allinall
    01-06 03:21 PM
    Hello all,
    What the starter of this thread saying is human suffering anyhere is the same. Why different yardstick for different re(li)gion? Don't confuse with politics.




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  • puddonhead
    06-26 05:31 PM
    puddonhead,

    To be FAIR In your calculation should you not include the tax break you would get for buying a home. I know the interest is variable, You will be paying lot of interest in the early years. But maybe we can average say Total Interest Payment/30 = Average Interest paid per year. And use this figure to calculate the average tax break one should expect.

    For e.g. Lets say on an average you pay every year 24K in Interest payment for your Mortgage, You would get approx 8k back in tax credits (assuming 30% tax bracket).

    So shouldn't your left side be:
    (mortgage + property tax - All tax breaks)


    Also in areas like Bay area, Even with the above update formula (If you notice i did not even count maintenance).. I am not optimistic that this formula will ever work. So does that mean you can never buy a home in bay area :)..

    Or should you include some more variables here say if you live in NYC/Bay Area has a thumb rule its ok to pay X% extra compared to the average national trend line ?

    If only everybody in bay area used this formula before they bought their home :). Amen.


    >> Also in areas like Bay area, Even with the above update formula (If you notice i did not even count maintenance).. I am not optimistic that this formula will ever work. So does that mean you can never buy a home in bay area ..

    I know someone IN Bay Area who has made this formula work - not once - not twice - but more than 10 times. He has a portfolio of investment properties where the rent he gets > his outflow.

    Obviously he did not buy duing the 2003-2007 frenzy. And I know he has started to buy again.




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  • jaocanada
    07-17 02:08 PM
    Manub,
    Our prayers are with God to get you and your family out of this difficult period. I know of a close friend who went thru a similar situation regarding distress sale of the house but finally it all worked out. So keep the faith and be strong. Good luck.



    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.




    unitednations
    08-09 02:20 PM
    While most of us here have US Citizenship as their long term goal, they overlook that fact and focus on manipulating stuff to get a GC which might have severe consequences while applying for Naturalization.

    Let me share with you the story of my friend who just got his US Citizenship in 2007.

    He was out of status without salary for around 6 months during the recession time (2001/2002) and didn�t have W2 for that period either. When USCIS questioned his out of status, he just submitted a letter from the employer stating that they owe some $$$ during that period and will be running his back pay at the earliest. This letter nullified his out of status and was sufficient to satisfy the IO to get his I-485 approved.

    Infact, the company in question didn�t run his back pay at all after his I-485 approval and went bankrupt.

    While applying for Naturalization, one of the items that the beneficiary has to prove is �Good Moral Character�. While scrutinizing his records they found that he didn�t file his tax returns during the year in question and denied his naturalization.

    He had to run from pillar to post and finally got hold of a good attorney who was able to prove that the employer who was supposed to pay the back wages went bankrupt and hence he wasn�t paid, because of which he could file his tax returns. He submitted a letter with proof of bankruptcy and succeeded in his appeal resulting in approval. The whole case dragged for around a year.

    Hence please pay attention to every minute detail before and after you get your GC, so that you don�t end up in a mess while applying for naturalization.

    I second that notion. Although very rare that uscis adjudicators can go that deep in naturalization; it isn't over when you get a greencard, contrary to what many people think.




    my2cents
    04-13 09:56 PM
    i can not speak for everybody but
    i bought in east coast in 2004 for $330K. it peaked to $425K in 2006 and now it is somewhere $350K. it may go even go down to $300K

    I will break even if i stay for another 3 years. (total 7 years)
    If renting then : 110K in rent with no benefits for 7 years.

    Good Side:
    - Tax benefits with dual income. ( proabably $300 per month)
    - Bigger house

    Bad Side:
    Maintenance
    IF i have to sell now then will be loss for me for sure so key is location and how long u stay.



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