Saturday, July 2, 2011

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  • unitednations
    03-24 02:47 AM
    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.




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  • anilsal
    11-11 08:52 PM
    Lou seems to be a prominent member of CNN. So it is going to be difficult to remove him.

    Also Joe Scarxxx/Pat Buchanan on MSNBC are anti-immig.




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  • TomPlate
    01-06 04:56 PM
    Refugee_New if you calm down the whole thread is going to calm down. Let us calm down and pray for peace.




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  • USDream2Dust
    03-23 10:33 PM
    Thank you. I need to buy a house and I have no savings. I make a lot of money but no savings. You guys are inspiration. I am going to jump off the cliff and buy a house. Worst come worst I would contribute to the worsening economy and end up in foreclosure. But I think unless I try I would end up getting old in my 1 bedroom apt.

    I need help. I am searching online a lot of real estate agents. How do you do it? I am in NJ and don't even know what area is good and I heard you have to look for schools for kids (i don't have but would have in 1-2 years). Do real estate agents recommend any areas?

    There is only 2 things I know.
    1. I need house
    2. I can afford 500k house.


    Any inputs recommended :)



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  • saveimmigration
    08-05 10:41 PM
    Totally agree. This letter is factually incorrect.
    If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
    Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?


    Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1




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  • jkays94
    05-24 01:59 PM
    http://mediamatters.org/issues_topics/shows/loudobbstonight



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  • nogc_noproblem
    08-06 11:34 PM
    A little old lady goes to the doctor and says ...

    ..., "Doctor, I have this problem with gas, but it doesn't really bother me too much. They never smell and are always silent. As a matter of fact, I've farted at least 20 times since I've been here in your office. You didn't know I was farting because they don't smell and are silent."

    The doctor says, "I see. Here's a prescription. Take these pills 3 times a day for seven days and come back to see me next week."

    The next week the lady goes back. "Doctor," she says, "I don't know what the hell you gave me, but now my farts ... although still silent... stink terribly."

    The doctor says, "Good! Now that we've cleared up your sinuses, let's start working on your hearing."




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  • StuckInTheMuck
    08-06 03:24 PM
    haha haha..man, cant let this thread disappear!
    bump bump!
    \/\/ dump dump \/\/



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  • Pineapple
    07-07 10:04 PM
    Do you have a good, competent lawyer you trust? That is the most important thing.
    Forums are great if you need ideas or information, but in genuine, critical cases like these, you first need a proper lawyer on your side. If you are relying on these forums alone, you are in bigger trouble than you realize.
    On the positive side, most experienced lawyers have seen worse, so there should be some way out.. my best wishes are with you and your family.




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  • santb1975
    10-01 01:41 AM
    I wonder how many $$$ GWB Sr. had to donate to Yale for GWB to get in ...I better stop my rant..:rolleyes:

    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.



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  • Macaca
    03-06 09:03 PM
    Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html) Report of the Visa Office

    The Report of the Visa Office is an annual report providing statistical information on immigrant and non-immigrant visa issuances by consular offices, as well as information on the use of visa numbers in numerically limited categories.

    APPLICATIONS FOR IMMIGRATION BENEFITS (http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Aug07. pdf)
    Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/xabout/structure/editorial_0482.shtm)

    CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xabout/structure/gc_1183751418157.shtm)
    CIS Ombudsman's 2006 Annual Report to Congress (http://www.dhs.gov/xabout/structure/editorial_0890.shtm)
    Annual Report 2005 (http://www.dhs.gov/xlibrary/assets/CIS_AnnualReport_2005.pdf)
    Annual Report 2004 (http://www.dhs.gov/xlibrary/assets/CISReport_to_Congress.pdf)

    Spotlight on Legal Immigration to the United States (http://www.migrationinformation.org/USfocus/display.cfm?id=651) By Gretchen Reinemeyer and Jeanne Batalova | Migration Policy Institute, November 2007
    Yearbook of Immigration Statistics (http://www.dhs.gov/ximgtn/statistics/publications/yearbook.shtm)
    Annual Flow Report

    U.S. Legal Permanent Residents: 2006 (http://www.dhs.gov/xlibrary/assets/statistics/publications/IS-4496_LPRFlowReport_04vaccessible.pdf) By KELLY JEFFERYS
    U.S. Legal Permanent Residents: 2005 (http://www.dhs.gov/xlibrary/assets/statistics/publications/USLegalPermEst_5.pdf) By KELLY JEFFERYS AND NANCY RYTINA




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  • Marphad
    12-30 04:20 PM
    I think I agree with quite a lot of what you say. But I think there is some truth in Pakistani fears that India is already supporting anti-state actors in Pakistan, like in Balochistan.



    I don't think we all want that.
    I don't think even all Indians want that.
    I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.

    Well my personal opinion, I don't believe it is true. Actually Pakistan doesn't need India for all this. It is capable by itself. By sheltering Dawood and Azhar Masood what do you expect? A university of peace?



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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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  • smisachu
    12-28 08:48 PM
    India is nobody's fool. Will you take back inside your house, the trash you have trown out? India wins the war, destroys all terrorist camps, kills all the wanted terrorists on Indian files. Then India withdraws from pakistan leaving back pakistan in the hands of its current civilian heads. All India wants is to kill the terrorists, either Pakistan does it or We do it for you. India will be doing Pakistan a favor. So either you do it or we do it. Bottom like the terrorists need to be Killed.

    And as far as comparing us to President Bush, India has never lost a war yet because India never went to war with any one with out them provoking it. India always fights Justified wars and justice always wins.


    So Mr. Trained Reservist,
    Let's say the war is won in 15-20 days based on your expert knowledge, what is next? India occupies Pakistan? and acquires 160 million muslim population along with Talibans? You think that will end terrorism and riots in India?

    Oh BTW, there is another trained reservist in the history who claimed Iraq war would be won in two weeks. Do you know who he is? Hint: he became the worst president in the history of the US.



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  • Macaca
    07-28 07:43 AM
    Democratic Leaders Agree on Overhaul of Lobbying (http://www.nytimes.com/2007/07/28/washington/28lobby.html?hp) By CARL HULSE New York Times, July 28, 2007

    WASHINGTON, July 27 � Congressional Democrats reached tentative agreement Friday night on a major overhaul of lobbying rules that would for the first time require lawmakers to identify lobbyists who assemble multiple donations and turn them over to candidates.

    The disclosure of what is known in political circles as bundling would be a central element of the first major changes made in lobbying rules in the aftermath of the Jack Abramoff scandal and other Congressional corruption cases tied to lobbying.

    Democrats, who intend to push the changes through Congress next week, say the bundling disclosure requirement and a number of other changes would shed new light on the relationship between lawmakers and those who seek to sway them on legislation.

    �This rewrites the rules as it relates to lobbyists and their influence on Washington,� said Representative Rahm Emanuel of Illinois, chairman of the Democratic Caucus and an advocate for the changes.

    Democrats, who campaigned against what they called a �culture of corruption� in taking control of the House and Senate last year, are eager to finish the package next week as part of their drive to counter Republican accusations that Democrats are making little legislative headway.

    Negotiators for the House and Senate Democratic leadership engaged in talks throughout the day Friday in an effort to reach final agreement on the long-delayed bill. They hit a last-minute snag over the level of bundled donations that would set off disclosure by the House and Senate campaign committees.

    But officials familiar with the talks said that point appeared to be resolved in an evening phone call between Speaker Nancy Pelosi and Senator Harry Reid of Nevada, the majority leader, putting a deal in place.

    �We have reached an agreement,� said Representative Chris Van Hollen of Maryland, chairman of the Democratic Congressional Campaign Committee.

    There are other potential obstacles. The details had yet to be presented to the Democratic rank and file in the House and Senate. But officials said they were confident the tentative agreement would hold, and a spokesman for Ms. Pelosi said he expected the legislation to reach the House floor as early as Tuesday.

    �We are committed to lobbying reform and we are committed to operating Congress in an open and transparent manner, and we will live up to our commitment,� said Brendan Daly of the speaker�s office.

    Because of objections by one Republican senator, the House and Senate were not engaged in formal, bipartisan negotiations, and Republican leaders said Friday they were unaware of the details of the emerging agreement and could make no judgment. But Senator Mitch McConnell of Kentucky, the Republican leader, said repeatedly this week that Republicans were leaning toward support of the measure.

    The tentative proposal puts new requirements on lobbyists as well as on lawmakers, and orders disclosure of contributions that have become alternative ways to curry favor with politicians by giving to entities like favored charities, special awards and honors and presidential library funds. Lobbyists would also have to disclose at least twice a year if they paid for meetings or retreats.

    The measure would set a one-year ban on lobbying for former House members and senior staff members, and two years in the Senate. New restrictions would be put on lobbying by spouses, and lobbyists would be required to disclose any previous experience in the executive or legislative branches.

    Politicians would be banned from trying to pressure firms and associations to hire certain lobbyists based on partisan background � the so-called Republican K-Street project. Lawmakers and top aides would have to recuse themselves from issues where there could be a conflict because of negotiations for future employment, and such negotiations would have to be disclosed within three business days. New public databases would be established of lobbyists� disclosures as well as of lawmaker travel and personal financial data. Penalties for violations would be increased.

    Watchdog groups that have pressed for the changes were awaiting the details. �I am very hopeful about this legislation, but the final statutory language still has to be seen,� said Fred Wertheimer, president of Democracy 21.

    Bundling became a focus after critics complained it was a back-door way for some lobbyists to ingratiate themselves with Congressional candidates by collecting a series of legal donations from others and then getting credit for delivering the cumulative amount and saving the politician the effort.

    Under the tentative proposal, Congressional contenders and the respective campaign committees would be required to notify the Federal Election Commission once one individual had delivered more than $15,000 in contributions within six months or $30,000 in one year.

    The plan initially approved by the House had put the responsibility for disclosing the bundling on the lobbyist. But in the talks, Senate Democrats proposed shifting the onus to the recipient and making the Federal Election Commission, which handles campaign fund-raising reports, the repository of the record.

    But Mr. Van Hollen said House negotiators decided to consent to the change since the basic information being disclosed remained the same.

    Mr. Van Hollen said he believed that the new requirements, if they became law, could represent a fundamental change in the interaction between lobbyists and lawmakers. �We heard the message voters sent last November and we are following through,� he said.




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  • GCwaitforever
    05-31 06:01 PM
    Lou is an arm-chair critic. I have nothing more to say.



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  • desi3933
    07-08 10:20 AM
    1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

    2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

    3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

    Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.

    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.




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  • nogc_noproblem
    08-22 03:08 PM
    One day, a teacher, a garbage collector, and a lawyer all died and went to heaven.

    St. Peter was there, having a bad day because heaven was getting crowded. When they got to the gate, St. Peter informed them that there would be a test to get into Heaven: They each had to answer a single question.

    To the teacher, he said, "What was the name of the ship that crashed into an iceberg and sunk with all its passengers?"

    The teacher thought for a second, and then replied: "That would have been the Titanic, right?" St. Peter let him through the gate.

    Next, St. Peter turned to the garbage man, and figuring that heaven didn't really need all the stink that this guy would bring in, decided to make the question a little harder. "How many people died on the ship?"

    The garbage man guessed 1228, to which St. Peter said, "That happens to be right. Go ahead."

    St. Peter then turned to the lawyer. "What were their names?"




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  • pointlesswait
    01-06 01:28 PM
    violence is a two way sword..

    its not that hamas is doing gandhigiri there.. even though they were elected to rule palestine..those morons instead of providing good governence and hope to their ppl..have resorted to some mindless/aimless bombing of Israel.

    i care that kids are getting killed... but dont you care then when one of ur jihadi blows himself up..and many innocent get killed.
    I support that palestinians be given their right to self rule.. but they should learn to live and let live..

    so you are saying.. u can kill ppl in the name of god..and when someone responds..u squirm like a toad?

    grow up.. kid..


    Why do you want to end this discussion? Are you scared of speaking the truth or you don't care the killing of innocent school kids?




    SunnySurya
    12-22 03:16 PM
    Well, my dear freind you obviously did not understand what I meant. I still maintain that Kashmir is the root of the problem and India has nothing to gain by keeping it. Caring for India and Caring for Kashmir are two different issues. The very reason , I want to cut off the cancerous finger is to prevent the spread of cancer to the other parts.

    On the other hand if some one is attacking me in my home and/or hurting my family or freinds, I have full rights to defend and call for justice to prosecute the attacker, in this case declaring Pakistan a terrorist country.



    SunnySurya,
    Weren't you the one who said India should gift kashmir to pakistan to solve all terrorrist activities and war ?

    How come you became a patriot and started caring about india all of a sudden ?

    Do you have any consistent opinion ?




    Arjun
    07-14 08:49 PM
    If this is the case.
    Given the high number of ROW EB3 it will never help Indian EB3. so spilling some of EB1 over to EB3 doesn't really help Indian EB3. But this letter could hurt Indian EB2. Now there is hope for lot of Indian EB3 to convert to EB2. That could be lost. I am als one of the converts.

    No budy, it is not only EB2 India, it is China too. So it is EB2 getting visa numbers that are not used by EB2 ROW and EB1-ALL.

    EB3 is not getting any spilled over numbers and won't happen until EB 3 ROW is current or EB2 becomes current. Long way to go when that happens.

    When there are more numbers in the pool it helps one way or the other.



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