Sunday, July 3, 2011

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  • 485Mbe4001
    09-26 06:17 PM
    Good discussion. I am not a fox fan, but i read NYT and Drudgereport, listen to Rachel Maddaw as well as Handel. In fact i read any political and economics related blog i can lay my hands on. I understand your points.

    My point is that people say he will do so many things, the problem is that the congress is not changing. The congress has to approve something so that he can sign it. Secondly no matter what you say companies will do whatever is right for the bottomline and share price. if he starts taxing companies they relocate, he has proposed increasing the social security taxes across all categories. Says he will not increase taxes for middle class americans but gives little indication of how he will finance the trillion dollar spending program. If his universal health program passes then you will see more deducted out of your paycheck. How will he create tons of jobs, how will he subsidize education. The fact of the matter is that he will be under exterme pressure if he is elected to office with such high expectations. He will be screwed if he increases taxes and screwed if he doesnt fund the programs he is promising all over the place.

    As for long term, the country has to increase interest rates to support the current account deficit. IF you increase interest rates the economy will further go in the tank. The country has to increase taxes to fund SS or Medicare. If not they need to overhaul the SS and MC system and any pandering politican will never be able to make that change.

    The fact of the matter is that both are career politicians and will do anyting to win. i just want to present an opposing view when one is painted as the saviour and the other a @$#@ in a total crapfest where no one is pure.

    Just Kidding - reading your post i was feeling like I'm reading a comment from Fox News. However i do respect your opinion and thanks for expressing it.

    My Point is more long term - in the shorter term no major change can happen to economy even if Barack wins but eventually Economy would be stronger under Barack's leadership. He also stressed that he would stop "JOBS BEING SHIPPED OVERSEAS" which means companies like TATA or INFY or some Chinese company taking my Job ( or any American's Job ) away from US to INDIA or CHINA. If you are planning a future in US - you would not want your US job taken away by your brother at INDIA or CHINA and Barack will make sure that doesn't happen.

    The Bottonline is he will create tons of Jobs at US , so unemployment will be very low , average peoples will be happy and however loud ANTI-IMMIGRANTS scream and shout no AMERICAN will pay attention. Our EB reforms will Pass much easily and we will be able to able to lead a much happier and content life with GREEN CARD.

    Once again my Point is definitely Long Term - in the shorter duration Barack has to first fix the Mortgage Mess and do something with Iran by taking help from EUROPE.

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  • morchu
    08-03 02:29 PM
    Not true.
    All it matters is the "intention" to get employed in the offered position & the job duties of the AC21 job you have at the time of adjudicating 485.

    Means.... never joining your original 485 employer ... by it self... wont cause any issue.

    ok now i'm really confused between AC21 and future employment debate....
    AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx

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  • logiclife
    11-21 05:44 PM
    Lou Dobbs gets his ratings based on how much angry he can get people.

    Same goes for Rush Limbaugh and Bill O'Reilly.

    The easiest way to get good ratings and viewership of your program on radio or TV, if you dont have substance and if you dont want to work hard, is to make people angry.

    Angry listeners are regular listeners and motivated listeners. Also, a lot more emotional and a lot less objective.

    They all know they are talking garbage. Take Bill O'Reilly's "War on Christmas" for example. Does it really matter if walmart hangs a sign that says "Happy Holidays" instead of "Merry Christmas". Does it feed the hungry homeless people? Does to stop Genocide in Darfur. NO.

    But it can make some people angry, which gets good ratings and 90% of broadcast media are ratings pimps. All they care about is viewership and ratings and they dont themselves believe in the nonsense they utter into the microphones.

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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..


    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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  • xyzgc
    12-26 08:39 PM
    Attacking Pakistan is a stupid idea.The hardcore hawks in Pak wants this only.
    By war this side crores will die and that side crores will die. The Laskar e toiba will go to hiding in NWF and plan for next attack. India will be backward for 10 years and Pak will be backwards for 20 years.Do you want this ?

    Don't attack Pak. It will be a failed state on its own. By war between us , China is going to gain.So, the people who want war with Pak by sitting comfortably in US, please think once again. It is not like going to picnic. It is life and death man.

    America is failing in tackling terror in Iraq and Afganistan. Israel is failing in tackling the Hamas. Srilanka is failing with Tamil tigers.So tit for tat is not working. It will only aggrevate the problem.

    Unless the fools in Pak understand the importance of real education and tolerance , they will go to drain .Now the whole world knows Pak is the culprit.They even disown their own citizen who got captured in Bombay attack.Such is the pathetic condition of proud muslim country .Shame !

    My suggestion is ask US to attack Laskar e Toiba training facilities in Pak.[ Six americans and four isralies died in the Bombay attack. That is enough reason for America's attack.]
    If US attacks Pak , the stupid people in Pak can't do anything. That way , Indian innocent jawans and common people will be spared.

    Nobody is a war monger. Killing innocent Pakistanis is the worse crime. These are good people like us.
    We want to attack terrorist camps.

    Israel is a bad example. If Israeli don't counter-attack, they will cease to exist.
    One attack will not kill the enemy. You must do it multiple times.

    To think, US will take out LeT is a good idea but its not practical.
    Nobody's gonna come to wipe your ass. You gotta do it yourself.

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  • ganguteli
    03-23 12:26 PM
    well..thats good question..I couldnt..because calling number was Unavailable..

    Call came to my cell which is the number I put in 485 app.

    She was reading some information from my Biographic my first employment dates I just assumed it to be legit calll...but I never know until I get an far nothing..

    You/lawyer/employer may have forgotten to shred the extra/unwanted documents. Someone may have got hold of them.

    Google 'identity theft' and you will be surprised.

    Do not answer anyone unless you check. Ask for a call back number. Find the name , badge number. ask them to send you an email with a legit id and you will call back.

    You should anyways never talk alone to such people even if they are real. Ask them to talk to your lawyer. If they ask you his number, tell them to find from the application.

    Basically never give any information on the phone.


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  • devikas81
    12-19 01:38 PM
    All Pakistanis are not a Terrorist but all Terrorist are Pakistanis..

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  • USDream2Dust
    06-06 11:55 PM
    Whereas i agree with you that you can live good life anywhere, even with no house and no place to live you can live a good life.

    But just because your friend got Grilled, shouldn't prevent you from taking risk. It is like, if somebody got run down by bus while crossing street, you would never cross that street.

    That is not a good example. Like I said. everybody takes chances, some win and some don't.

    Chances of loosing right now, is very slim, since everything is lost and if you still have a good healthy job, chances are you would have it, and if you have backup like double income, you are running in no probability zone.

    After your i485 gets denied, I am assuming you can file MTR and wait for it. More senior members may throw light but I am guessing you would have 2-3 months time to leave the country.

    On a complete side note, who gives a damn of overstaying if your GC is denied after 10 years of legal staying in US. Stay another year or so and setlle down stuff before you go home. Even better, stay as illegal in this country and join millions other, and chances are that you would get GC before other IV members :).

    The above is not my theory but a very well known attorney in NYC told me and my wife, when my wife was little bit out of status. Strange but true.


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  • learning01
    02-01 09:02 PM
    Please give me a link to what you refer, and I will write to Lou-foul mouth. Also, I request you to wirte and update status.
    It is time for IV to do its job by letting the truth out. The claim that H1Bs do not pay any taxes are outrageous. They should know that H1Bs pay all the tax but do not enjoy the benefits, e.g., when they get laid off, they have to leave the coutry right away without getting a penny of unemployment benefits. They will not get the social socurity benefits if they do not work in the U.S. for at least 10 years while their visas only allow them to work 6 years in a row. Such unfairness can go on and on...:mad:

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  • xyzgc
    12-22 11:35 PM
    Muslims have a very proud history (along with issues like most religions/races). Lets hope the people on all sides tone down the rheotric and live and let live

    Hindus also have a history and we are proud of it.
    Despite all the agressions by the barbaric islamic hordes, Hinduism has not only survived, it has actually flourished.
    We are proud of the fact that we didn't attack other countries and pillage other lands.


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  • desi3933
    08-06 09:11 AM
    Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.

    You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.

    Thanks for your attention (or the lack thereof).

    Someone (Rolling_Stone is that you?) gave me red dot with this remark
    yes, getting a graduate degree from IIT is no big deal. you didn't have to go through JEE

    Thanks for the laugh. Are you the ONLY one who got thru JEE? FYI, I did go thru JEE.
    BTW you are a coward who does not guts to reply with your ID.

    Yes, I agree, getting thru JEE is good but it is no big deal.

    Rolling_Stone -
    Since you finished your masters in 1.5 years, I think you should go for EB1.5. Think about lawsuit for that. :D

    You are a real CKD (if you are an IITian then you should know what it means).

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  • nk2006
    09-30 10:13 AM
    I was schocked to find out on Sep 22 that my I-485 has been denied. My wife is on AP and can't enter U.S now withot her H4.

    Sorry to know your troubles. I am curious about the reason for 485 rejection and how you are going about it (is it because of using AC21 and I140 revocation by previous employer?) - there is an effort to deal with I-485 rejections without NOID - there is a separate thread on that with conf call today. Please join the call and give your details. Thanks.


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  • file485
    07-07 10:05 PM
    Thank you for all your support.They asked for my husband`s paystubs ,all employment history all W2`s when he filed for AOS as primary.Later we withdrew his petition and only kept petition filed through me as the primary.That officer is extremely detailed oriented ,he/she asked and questioned every minute detail pertaining to our case.
    New update on EAD is that local offices are no longer authorized to issue interim EAD`S.We went to local office in greer, south carolina(we live in charlotte,nc) and the answer we got was that they can only email uscis why there is a delay.and if we wanted to find an answer we should come back in 2 weeks and that they won`t disclose any thing by phone because of privacy act.

    you mean to say,while filling in the form for his AOS..I think somewhere it asks that 'have you filed for AOS earlier etc(not sure the correct wordings..)' he had to choose a 'yes' that so..? if it was yes,possibly that was the reason for scrutiny..

    when his case was so shaky, he should not have filed for AOS..but what has happened has happened though..
    jeez..this is so stressful and can totally empathize with you

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  • a_yaja
    05-15 03:54 PM
    How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!

    Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.

    I am not sure after reading your post above if you know the meaning of "consulting". To me it looks like you are focused on the narrow group that are labelled as "on-site" consultants. These are people you are hired by one company and perform their activities at a client site. Even among these people, not all have taken up jobs under false pretext.
    First of all - consulting means performing work of temporary nature. It can be temporary due to any number of reasons - regular employee is on medical leave or on maternity leave, job is temp. in nature (an analogy would be that you hire a plumber to fix something in your house and you pay him either on a per-job basis or a per-hour basis) or you do not have expertise in-house to get the job done (the plumber analogy fits here too). Let me give you an example of each one of these.

    Regular Employee is on extended leave
    You are the owner of a company and your office manager is going on maternity leave for 6 months. You call a temp. agency and fill the office manager's position for 6 months. If one were to go by your definition, you would either fire your regular employee and hire a new one or you would hire the second person and fire him/ her when the regular employee is back or you would pay both of them wages

    Job is temp. in nature
    You are the IT manager in a big company and you have been asked to develop a new software application. To develop this application, you require 5 developers and 2 dbas over a period of 6 months. After the application is developed, you need only 2 developers and 1 dba to maintain the application. If one were to go by your logic, you would fire 3 developers and 1 dba after the application has been developed after 6 months. Or - you would just keep all of them on the payroll and the 3 developers and 1 dba will just be coming to the office and doing nothing. If you are really smart, you will hire 2 developers and 1 dba full time and call a temp. agency to fill the other 4 positions on a temp. basis.

    You do not have the expertise in-house to get the job done
    You are the President of a large University and as part of local zoning laws, you need to make sure that your Heating, Ventilation and AC system (HVAC) meets the prescribed design and safty regulations. Going by what you just said, you would hire a person to make sure that everything is in order and submit the findings to the local board and then fire the person after the local zoning commision has cleared your university (one would question how you became the University President in the first place - but that is a totally different story). The other thing to do would be to call a certified Engineering company who specialize in this field and get them to do the job.

    If you want to shut down a system because there are some bad apples, then all I can say is that you have a closed mind and you are not willing to think beyond what you see. You would be a classic example of a person whose H1B should not be renewed - if infact you are here on a H1B. If you are not, then I am sure that you will find more support in forums like NumbersUSA.


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  • sledge_hammer
    03-24 07:14 PM
    Can you please explain how you conluded that my theory was its okay to copy (exploit loopholes) unless you get caught?

    Please point to the exact post of mine...

    Again, I am not defending anyone, I am saying that we should point all the consultanting...not just desi consulting ones...just don't descriminate...from your theory, it looks it is ok to copy unless you are caught.....I don't want to argue on this and deviate from the OP .

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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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  • VivekAhuja
    06-23 12:23 PM
    If you are buying a house as an investment ONLY, then do NOT buy a house on this planet (not just USA). If you are sensible enough, buy a house to LIVE IN. Buy something you like, not something just to sell and make money.
    If you begin to think like this, you will come to a simple conclusion - if my family & I like a particular house in a particular neighbourhood and I can afford it, I will buy it NOW!!

    Everything else you hear in the media and on IV is hogwash - ignore it!!

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  • chanduv23
    09-26 02:26 PM
    OBAMA is for lesser H1B but more EB GC. He prefers workers who are entering the US to have intention to stay permanently than temporarily because it helps the economy.

    That's the wisdom of Durbin amendment. Lesser H1B because you will get GC instead.

    Everyone say "H1b is not good we want more GC". Then the whole thing moves towards a new points based system and everyone will support it saying - this will ensure US will have best and brightest. What happens to us???? We will be ignored

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  • chanduv23
    03-24 11:28 AM
    Its a problem when we dont speak out on our issues - nobody understands our pain and.

    Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.

    What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?

    It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Remember the GREED brought American economy down.

    Totally agree - but also remember - it is everybody's greed. During the Y2K days, consulates were approving visas left and right, I there used to be a one page LCA with H1b and I remember those companies were under pressure to bring people in - had clerks doing immigration paperwork in tonnes and then getting approvals at rapid pace.

    If immigration always be of same standard - with standard measures to weed out resume fakers and fraud - good people won't get affected.

    If someone wants to go back in life and point at things in past - they must go back and see if they always did the right thing.

    Thats why I do not fully agree with UN. I agree USCIS are going tough - but not all companies or all immigrants are fraud because they lobbied or because economy is down or because anti immigrants are influencing them

    04-07 07:12 PM
    If the Strive act passes then a large part of the H1B visa demand from US STEM will be out of the que, because these people will not need a H1B Visa. The proposed restrictions on H1B will put the body shoppers out of business where people are hired, put on the bench if there are no contracts, and if they do have a job, then the company will collect a hefty cut off the work of the H1B worker. If this part of the H1B numbers are out, then companies which genuinely hire hi-tech workers such as foreign qualified Engineers, Scientists, technicians etc. These people will then not have to compete for visa numbers with these Desi companies who might just bring in web developers to hire out on contracts at various sites accross the US. Currently, as things stand, a smart lawyer can get an H1B petition written up even to collect garbage or to pump gas at a gas station. No one can dispute that all this goes on. The restrictions should be in place only for new H1B employees not existing ones to minimize the effect on businesses and these employees too.

    04-07 05:35 AM

    There is going to be no difference whether you

    1. Renew your H1 at the same company by filing an extension,
    2. Transfer your H1 to another company by filing a transfer or
    3. File a brand-new cap-subject H1 for someone who has never been on H1.


    For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).

    The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.

    But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.

    So take this seriously and do not underestimate this.

    And if you work perm-fulltime it will indirectly affect you. Projects are not done in isolation. Most projects have a mix of full-time employees and consultants who are sourced from vendors and H1B recruitors. Projects falter and fail when abruptly some consultants go back to their home countries because their H1s couldnt get extended. And that affects everyone. Job security depends on success of IT or other projects and if you are a part of failed project that was lost half way due to lack of skilled employees, then your job security also diminishes. If you are laid off, then the H1 transfer to a new company would be subject to the new rules under this law.

    Infact, this affects everyone.

    Students looking for new H1B
    Students on OPT
    H1Bs getting extensions
    H4s transferring to H1Bs

    and all H1Bs indirectly and directly

    Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.

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