Saturday, July 2, 2011

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  • tampacoolie
    07-08 05:02 PM
    Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.

    Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. ..

    These two types of documentation were requested by US Consulate, Chennai for issuing H4 visa for my wife. I had to get these documents and send to india for stamping. They issued H4 immediately after reviewing the documentation. I have not faked any documentation. They have requested these documentation based on the assumption that my employer is letter pad company.

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  • chanduv23
    05-16 06:09 AM
    What if they give you all a chance for applying 485 and retaining PD before they ban h1b consulting??? I guess, you all will be happy with Durbin adn Grassley ;) ;) ;)

    The h1b system was designed to create brain drain in developing nations and bring them to America, but because of the implementation methodologies the opposite is happening, good people are either moving back or not coming or stuck with an employer which is not good for the economy.

    America gains nothing by banning h1b people - I am sure some provision will be there to protect people and get a fair chance towards imigration even if consulting etc.. practices are modified to work in correct methodologies.

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  • unitednations
    08-08 08:00 PM
    Hi Unitednations,
    I have a little problem. I am a canadian citizen on H1b and used to commute across the border everyday. I work for Ford and every year during christmas we get a week long vacation. My contracting company does not pay me for the xmas break. So, I filed for unemployment compensation in michigan for that week - reason - temporary layoff (as a Canadian Citizen you can collect unemployment from michigan......thats what my US citizen colleagues do every year........Does this mean I was out of status for that week?....Can this cause my I-485 to get rejected? (I have done it twice in 5 years)


    Yeah; you wre out of status for those weeks that you took unemployment.

    It shouldn't impact you since, you have been going in and out of the country. (ie., 245k).

    It is very dangerous for companies to lay off workers and they take unemployment compensation. This is one of the reasons the mainstream companies don't do h-1b or greencard because there are complexities if people are being laid off and taking unemployment.

    Are you still living in Canada. Not much advantage to it anymore. Looks like their prices haven't been adjusted downwards. It's probably more expensive now to live in Windsor/Toronto and to commute on a daily basis to Detroit.

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  • nogc_noproblem
    08-06 06:44 PM
    A man was sitting reading his papers when his wife hit him round the head with a frying pan.

    'What was that for?' the man asked.

    The wife replied 'That was for the piece of paper with the name Jenny on it that I found in your pants pocket'.

    The man then said 'When I was at the races last week Jenny was the name of the horse I bet on'

    The wife apologized and went on with the housework.

    Three days later the man is watching TV when his wife bashes him on the head with an even bigger frying pan, knocking him unconscious.

    Upon re-gaining consciousness the man asked why she had hit again. Wife replied. 'Your horse phoned'


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  • Pagal
    06-20 07:29 AM

    Though housing market may still have room to fall and not rise again for next decade or so, there are some factors to consider in 2009 that could tilt the decision in favor of buying a house:

    1. Location - If you are not in bad markets like CA, NY, FL but in more stable ones like TX, you should evaluate
    2. Taxes - If you've AGI above 300k, buying house is one of the few options left to reduce your tax bill
    3. Affordability - If your monthly mortgage, interest and maintenance payments are comparable to current rent amount (as taxes are adjusted during tax filing) and affordable even when you move out of US, buying house should be an option
    4. Price - If you are looking at localities where prices are close to 1995-2000 levels and the particular property has held the value steady, then buying the house could be an option

    Just my 2 cents... :)

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  • insbaby
    03-25 06:56 AM
    Awesome piece of advice..I've got to meet ya!!

    Because you Can't Leave America.


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  • Arjun
    07-14 08:42 PM
    Still better abolish Eb1/ Eb2/ Eb3 when there is no EBx in H1 then why EBx in GC? come on guys stratification on EB is reality along with preference order set by CIS. What is stopping eb3 guys from moving to eb2?

    you know what it takes to do that. Just think, if you were in eb3 and had applied in 2001 and now suggested to start all over again. It is very easy to say go change your category.

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  • dpp
    05-16 12:18 PM
    US congress cannot force investors to invest money only in US and get work done only in US.

    Its not possible for US Government to ban outsourcing. The only thing they can do is create incentives to limit outsourcing. However, if a company still wants to outsource jobs overseas, Congress cant do ANYTHING about it.

    I heard sometime back that some states banned Outsourcing of govt work. Is it not correct?


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  • surabhi
    03-25 10:57 AM
    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.

    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.

    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."

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  • nojoke
    01-03 04:22 PM
    Listen to this, The US attacked Iraq and that accomplished exactly what the terrorists want. Terrorists want to see chaos and disruption. I believe the US is losing the war on terror and the results from the failed Iraq invasion can get worse, since that may have generated one dozen Jihad style attackers to be unveiled in 5-20 years from now.

    India should not attack Pak and spend tons of money like the US did. Instead, invest all that money in secret services and let them penetrate the enemy line. Let the secret service perform a detailed investigation of sources, then apply snipers or other ways to take perpetrators down.

    The last thing we need now with this dreadful economy is another war. Palestinians are already starting the whole fire again. We do not need one more war.

    Wrong. First iraq war is not war against terrorist.
    Second, pakistan already is doing Jihad against India. They don't need a reason to start a Jihad. Their obsession to destroy India is so much poisoned in their blood and they really don't need a reason for the Jihad.
    Third- It is easy only in movies to use snipers to take down these men. Plus there are thousands and it is virtually impossible.
    I agree that war is a tough choice and probably our politicians use the drum beat to get votes. And probably there won't be a war. But some of the rationalizations give here in this forum is funny.


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  • rinku1112
    12-28 03:24 PM
    While I would love India to retaliate in some fashion on Paki soil to show them that there are going to be consequences for messing on Indian soil, I think this is not the time to strike overtly on Pakistan however.

    Why now is not the right time?

    Because this whole War hysteria is mostly being whipped by one side - Pakistan. Immediately after Mumbai atrocities there were street protests organized by Islamic fundoos like Jamat-ud-Dawa, JeM, etc in major cities in Pak to protest against India. They were supposedly protesting because India is going to attack Pakistan! Most Indians were amused at that time as they were busy attacking their own politicians at that time for their Intelligence failures. This shows to some extent that something else is going on here and Pakistan army or elements within it want tensions on Indian border.

    Why will they want that on Indian border in case it boils over into a war that they will never win? Because the Americans on Pak's western border are putting a lot of pressure on Paki Army to attack the Taliban and other Islamic fundamentalist nut cases that their own Intelligence arm - ISI - has helped train and arm. These nut cases are their assets for all the covert attacks on India to keep it tied down in Kashmir and elsewhere.

    Besides they know that India will never attack and even if they did the International community will be pissing in their pants (including US) about the prospects of Nuclear armageddon and come to Pakis' rescue with a ceasefire call. Zardari and his Civilian Govt. Institutions will take the blame in Pakistan for succumbing to international pressure and stopping the brave Paki army from decimating kafir/powerless Indians. Army will announce a coup promising more security against India and overthrow Zardari/Gilani or whoever and entrench themselves again back in power for another decade.

    What will America do?

    US and rest of the world while shaking with fear about the nuclear war that was averted will start focusing foolishly (or maybe for their own clandestine gain) on Kashmir as the core issue and pressure India to give it freedom! What more does Paki army need? India-Pak hypenation is back so that Pakis feel important in International circles again. Tensions alive on their Eastern border to keep the army as center of focus and power internally in Pakistan. Covert terrorism in Kashmir will again resume with all the international attention on it, and Indian army and diplomacy is tied down there, and all the Taliban and other Islamic nut cases that they trained and armed have a cause to give up their worthless lives and not be fighting the Paki army for achieving their goal of going to heaven for quality time with some virgins.

    Besides Americans dont care if Kashmir is blowing up - infact they would love to see an independant state their to get a leg firmly in South Asia.

    So what should India do?

    Not go to war overtly now. Start covert operations inside Pakistan on war footing and start funding and support for Balochi, Sindi, Mohajir, Pushtun, Baltistan freedom movements inside Pakistan. If there is any other terrorist attack in India, activate these people inside Pakistan to blow up their prime targets - Muridke headquarters of Jaamat-ud-Dawa for instance. Assinations of ISI officers, encourage suicide attacks on their army camps, cantonments. In other words make them feel the cost of any further attacks inside India, but covertly. And also take the covert proxy war to their soil.

    For now, India should not attack Pakistan and give their army an excuse to squirm away from fighting their own created Franenstein monster - Islamic Jehadists on Western border. Indian army should sit back, relax and let the Paki army take their own creation on their Western front.

    I hope the internal politics inside India dont come in the way of the above goal.

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  • lfwf
    08-06 03:45 PM
    According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.

    At this point both of us agree that A and B are equal, right?

    If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?

    No one can guarantee that. and that is the whole concept of "preference categories" . So now its ok for A to jump to EB2 and leapfrog everyone with his/her 2002 PD? Does 5 years of work have that much value? He/She would be ahead of 2003 EB2 filers that may have been working on degrees since 1999. That's ok by you? The faster movement of EB2 makes up for the years of education. I say, by all means BS+5 shoudl file EB2, I just don't agree with the porting. That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)


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  • sledge_hammer
    03-24 03:49 PM
    No, they figured out that it is consulting companies that are exploiting loopholes. Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.

    Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.

    And you're telling me I am ignorant! You're funny :D

    All your assumptions about H1B is only for full time jobs is flawed. USCIS has not said that. There is no law that says that.

    BTW why do you think LCA requirements are meant only for consulting companies ? It is applicable to all H1B candidates. That has been the law for a long time. Nothing new here for you to be happy about.

    Your posts are driven by your ignorance than any legal base. You need to educate yourself in immigration perspective.

    Why USCIS audits are focused on consulting companies ?
    It is not because consulting is not allowed on H1B. It is because they figured out that H1B violation are more prominent among small companies.

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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?


    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.



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  • razis123
    12-18 03:11 AM
    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.

    It is very true..and it is fact...why is that all terrorists are muslims...something is wrong ...muslims need to come forward....

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  • dartkid31
    05-24 01:58 PM
    That's censorship. Go ahead and good luck with your mentality. It seems you can't handle the truth and views that could give you better information to handle debates and put more intelligent requests ahead.

    Go and learn something, learning01. Just stop reading the posts on this thread and stop posting here if you don't like. It is awful when people tries to take a censorship in open forums.

    I've said this before: I usually dont like casting aspersions, but take a look at a lot of Communique's posts. Some look like they were copied and pasted word for word from the NumbersUsa or FAIR site. And now he's defending Lou Dobbs. Using terms like "mass migration" "unchecked immigration", etc. He claims to be an H1B, and he's trolling Lou Dobbs. I think most people on this site can see through the facade.


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  • gimme_GC2006
    03-23 08:23 PM
    ok...this is something..

    apparently they called my employer also and has asked them to provide all details.

    All I-9s
    All performance appraisals
    my works schedule
    my vacation requests this year
    current salary
    supervisor details


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  • Macaca
    01-31 09:28 AM
    His book explicitly quotes that H1b and L1 visa holders do not pay any taxes and transfer all the money home.

    1. Is it possible to post the above line (with page number) from his book?

    2. Please post other easily refutable lines (with page number) preferably related to H1B.

    3. How did he get the H1B numbers from USCIS? Why are they authentic?

    I want to see if the following is convincably doable. There is nothing else to do and I am sick of this crap. Thanks.

    In any case we should counter his BS with facts and send it to CNN.

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  • hpandey
    06-26 03:41 PM
    There is a myth with deduction:

    Deduction is not same as TAX credit. When you get a tax credit of $3000 . you save $3000, but when you get $3000 tax deduction, you only save $3000 * .28 or .33 whatever is your highest tax bracket. For most married couples it should be either 28% or 33% of their income. Hence you only save 28% of the interest + taxes. It can help further reduce your tax bracket if you have educational loan or charity contributions etc by bringing your taxable income down. Further reduction in tax bracket can help you qualify for additional deductions.

    However, if I am paying $1000 as interest, then I am only saving $310 or $280 in deudctions, but I am still left to pay $690 as interest.

    ValidIV, is stressing on 30 yrs of home ownership, however, what we are saying is prices may go down 20% further. If that happens, then you are losing your downpayment and it may take years for your home value return to what you paid with interest.

    If you buy a house $550K, over 30 years you end up paying more than 600K in interest only. Forget about taxes or HOA fees. Calculate the tax deductions and let me know how much sense did it make to pay that amount if the value of house further depreciates 20% in next 2 years Vs. waiting for 2 years, having 1-2% rate increase, going in with double down payment and flat house price or 1-2% increase.

    Again where are you getting that 550K value for a house from . The houses that were 500K two years back are now 400 - 450K ( exclude the extremes ). Why the HOA - can't the house be a single family home like most of US .

    Taxes - well I was not saying you get the whole money back but are taxes the only reason one should not buy a house ?

    Housing price correction has already happened in most of the good areas. If you think that they are going to go down 20% more that is never going to happen. People are not going to sell. They will just say put rather than take a 40% loss.

    12-17 05:34 PM
    the mumbai incident was a terrible one. the guilty must be punished to the fullest extent, be it people from any background doing it in the name of religion.

    In the same way the people in this forum should have been angry/troubled over the killings in orissa where innocent christians were beaten, raped, killed, burned alive, home destroyed and chased from the homes to the jungles just because of their faith. this sort of crimes against christians is taking place throughout many parts of India. I am sure this will not go unpunished on the people who did/do these terrible things. the punishment may be delayed, but I am 100% sure it's going to be devastating on the people. mark my words. 'Coz I believe there is a God above, who watches and at the appointed time the punishment will come.

    But the bible also says that God is forgiving. The Bible says the following:
    "If we confess our sins, God is faithful and just to forgive us our sins and to cleanse us from all unrighteousness." (1 John; chap 1 verse 9)

    Also it says in the book of John (chapter 3 verse 16):
    "For God so loved the world (mankind) that he gave his son Jesus Christ to die as a sacrifice (for the sins of mankind), that whoever believes in Him (and repent), shall not perish but have eternal life".

    Look, your intensions may be good and I respect that, but one cannot solve one problem by creating another problem of equal magnitude.

    Isn't "religion" the reason why folks are fighting? I do not mean to offend anyone, but I think all religious books have been doctored by the kings who were in power during the last two centuries. Bible, Geeta, Quran, or for that matter any religious book of any organized religion - they are all doctored from its original version. Why? Because the purpose of these books is? Guess what? To oragnize the religion. Their primary purpose is not spirituality. Because if the sole purpose was spirituality, no one will have fought each other in the name of religion for thousands of years.

    I guess the question I would ask is - WWJD ie. What Would Jesus Do? If you asked Jesus that are you the only son of god, WWJD? I can tell you with 100% surety that he will say - we are all sons and daughters of God. But con artists have doctored the holy book to suit their meaning and interpretation. Anyways, I do not mean to have a philisophical debate here with you being the "protector" of Jesus, why? Because Jesus or Allah or for that matter any great soul doesn't need any protection from anyone. Just as a cartoon cannot damage Allah, any discussion about any faith cannot damage the GOD. But too often we want to be seen as if "God is on MY side" because I follow CORRECT religion, and everyone else is against my team of "ME & GOD". And thats just the most absurd thing mankind could come up with in the form of organized religion. But the truth is, thats the most common view most humans take, everyone is protecting their "GOD", which actually sounds like a joke. Does god need any protection??? I mean give me a break.

    Please don't bring one flawed system to replace another flawed system.

    12-26 10:24 PM
    to clean our bottom. I agree. We have to do it ourselves.However, attacking terror camps in Pak by India is not going to solve the problem.

    We are dealing with mad , fanatic , fundemantalistic army with weak democratic government.I think majority of Pak citizens are like us.They don't want war. The ideal way is squeeze that country by economic sanctions, international seperation etc.

    If we attack even the so called terror camps, the Laskar e Toiba people will be gone long time ago. May be we have to satisfy by killing the some innocent Pak citizens by those surgical attacks.

    World policeman America did the similar cleaning business by arming the fanatics in Afganistan to oust Soviet army from Afganistan. The devil nourished by America with support of Saitan ISI is biting back US now.

    Israel is not sleeping peacefully. OK they won the six days war by preemptive strike of Egypt. What happened now ? Stupid palestinan Hamas fire two rockets killing two isralies inturn killing of twenty innocent paletinaian by brutal isral army. Is the middle east problem solved by preemptive attack or postemptive attack? It will be solved by mutual giving and taking not by war.

    You don't want to get tore away your front and back by fighting with lunatic Pak military. You may destroy the Pakistan, but you will be without front to
    --- and back to ----.You means not you. Our brave Indian soldiers.You will be sitting in your airconditioned room , watching the live relay in CNN of Indo-Pak war and happy with mutual assured destruction the war will bring on both poor countries.

    So, let US army to attack the so called camps .They are already doing in the Afgan-Pak border. Let them tilt their gun little bit more so that the camps on POK also get hit.

    It is foolish to get killed.Let the other man do the job for you.Let the world policeman do what it preaches. " War on terror ".

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