Saturday, July 2, 2011

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  • satishku_2000
    05-16 06:39 PM
    Nowadays LCA becomes just a documentation and it does not prevent displacement or any abuse. It may be true that DOL may not have authority and resource to prevent abuse.

    You did not answer my question about why some one with permanent labor certificate has to go thru the process of advertisement process for H1B renewal?

    In my case DOL labor took almost 3 years to certify my labor certificate which states that I am not displacing any american worker. I think 3 years is a good time to find whether I am displacing american worker or not.

    This law simply goes too far in the name of preventing abuse. I just dont get why someone working for same company and whose GC petition is pending(GC labor approved) has to prove every year that he is not displacing an american worker.

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  • krishna.ahd
    01-06 04:14 PM
    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.

    Modi is elected CM by people of Gujarat , also third time in a row, so you know now what people of Gujarat wants.

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  • sin94
    03-24 12:17 PM
    face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.

    Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.

    You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?

    And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me

    Dude, it does not matter what you're reasoning is for getting into consulting. You do not even need to prove anything to me. Take your justification with you and present it to the guys that are going to approve your GC, NOT me!!!!

    If you are still so hard headed that you do not want to accept realities, what can I say!

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  • unitednations
    08-08 04:33 PM
    UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.

    Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?

    Actually; I didn't think it was courageous at all. I had to practice what I preach.

    One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.

    Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).

    I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.

    Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.

    he didn't but just in case he wanted to; I was ready for it.


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  • dartkid31
    05-31 07:28 PM
    I think Lou Dobbs is mostly comic relief for most of us at this point. The only tragedy in this scenario is that he has access to idiot boxes across the country for an hour eveyday, and there are people who wholeheartedly believe the drivel he spews everyday. :( CNN should be embarrassed.

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  • Macaca
    02-12 02:39 PM
    Lou Dobbs rants about the pardon every day. A CNN special contradicts Lou Dobbs.

    Commentary: Anti-immigrant mob creates false heroes (

    By Ruben Navarrette Jr.
    Special to CNN

    SAN DIEGO, California (CNN) -- The world is upside down. A posse of Republican lawmakers who, when opposing amnesty for illegal immigrants, like to talk about how rules must be followed and how we shouldn't reward lawbreakers. They're now demanding that a pair of convicted felons be rewarded with a presidential pardon.

    Ex-Border Patrol agents Jose Compean and Ignacio Ramos were sentenced to 11 years and 12 years in prison, respectively, after a jury convicted them of shooting an unarmed suspect and then covering it up.

    It happened on February 17, 2005. That's when Compean and Ramos encountered a suspicious van along the Texas-Mexico border.

    The driver, Osvaldo Aldrete-Davila, abandoned the vehicle and tried to run into Mexico. Aldrete-Davila was smuggling drugs, and the van was loaded with more than 700 pounds of marijuana.

    Compean fired at least 14 rounds and Ramos fired once, hitting Aldrete-Davila. The agents then collected the shell casings, failed to report the shooting, and filed reports that made no mention of the incident.

    None of this is heroic, except to the anti-immigrant mob, which has been making excuses for Compean and Ramos while accusing U.S. Attorney Johnny Sutton, whose office prosecuted the case, of being an agent of the Mexican government.

    Recently, Department of Homeland Security Inspector General Richard L. Skinner admitted that officials in his office "misinformed" Republican members of Congress when they claimed to have proof that Compean and Ramos confessed their guilt and said that they "wanted to shoot some Mexicans" before the incident.

    But what does all this have to do with the price of whiskey in West Texas? Not a thing. It was the U.S. attorney's office, and not the Homeland Security Department, that brought this case. So, unless federal prosecutors lied to the court or defense attorneys, there is no reason for a pardon.

    I've spoken to Sutton twice in the last couple of weeks, and he didn't strike me as some wild-eyed prosecutor. He insists that a lot of what is out there is "overheated rhetoric" from the ill-informed.

    Much of that rhetoric belongs to Rep. Dana Rohrabacher, R-California, (or as he is aptly described in this case, Dana "off-his-rocker"). The congressman has said that President Bush could be impeached if either Ramos or Compean meets his demise in prison.

    As his name gets dragged through the mud, you'd think that Sutton might hold a grudge. Not so.

    "I have a lot of sympathy for some of the folks who are worked up because the narrative that they read is so different from the reality of what the jury heard," Sutton told me.

    But what about those unsympathetic Republican hacks, Minutemen vigilantes and conservative bloggers who are using this case to further their own agendas? For Sutton, it's a reminder that there is no substitute for the American justice system. While not perfect, that system is designed to dole out justice based on facts and law, not politics.

    "It's why we litigate these things in a courtroom and not on cable television or the Internet," he said.

    Be glad that's so.


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  • nojoke
    04-14 01:14 PM
    People who have bought houses are advocating buying one and who are renting are defending their decisions to rent... I think buying a multiplex i.e. 2 single family homes 3/1.5 bath in 450K each in California (sunnyvale/cupertino) makes a lot of sense...don't you think!

    These same duplex were selling for 150K a few years back? Aren't they inflated as well? How is it different from buying a house? Are you saying that the loss is minimized?

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  • SunnySurya
    08-05 10:27 AM
    I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.

    Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.


    Ever wondered why a lawsuit never got filed against Labor Substitution, or stealing of EB Gcs by nurses, or against the discriminatory country quotas?

    Simple, you need an Immigration Attorney to file the case. The same AILA cardholding person who is expecting a windfall profit out of interfiling/PD porting. I am interested to see the immigration attorney who is willing to sacrifice profit for principle. It would be a first in history if that happen!!

    Good luck to everyone willing to participate in this wild goose chase. I guess you guys have too much money in bank to spend over such a mission impossible. If only you'd contribute equally to IV campaigns...


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  • chanduv23
    03-25 01:48 PM
    Any stories of AOS applicants porting to self employment under AC21, that you could share with us?

    Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.

    Thanks very much, as always.

    I heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D

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  • chintu25
    08-05 11:55 AM
    I am requesting an amendment to the spelling of "mahaul".
    I think it would sound better if we spelled it as "mahole" :D

    Mohol --> :D


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  • alahiri
    07-10 10:10 AM
    What logiclife has written is well said .. but did we get a chance to articulate this in the radio itself? Or "Mikey" got all the air time?

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  • desi3933
    07-11 10:41 AM

    AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old can work with old employer until July as long as the old employer does not cancel your old H1..


    This case is different from other most common cases where person has 2 or more valid petitions with overlapping times on same status (H1-B). Since status is same one can switch employer without a problem, but not when one petition is H1 status and another one is for L1 Status.

    The latest I-94 status dictates what status you are in.

    Not a legal advice.


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  • nojoke
    09-29 09:06 PM
    its ok, you misunderstood my point. I dont want to divert OP of this thread.

    Anyways the fact of the matter is that we are in a limbo, all indications point to Obama becoming the next president of US. if CIR 2008 was any indication , we as EB applicants are royally screwed if Sen Durbin dictates his immigration policy. What is the use of talking about wars and innocent people when chances are that the advocate of his immigration policy is opposed to my main issue of EB reform. high low Taxes, 401k's, houses, Medicare etc will matter if you get to stay here in the first place. A average 6-9 years of paying taxes, supporting medicare and Social Security and we now need to think about moving to different countries where skilled immigrants are welcome....think about it. Just look at the CIR 2008 discussion to understand what i am talking about. Read the senators transcripts.

    My point is if McCain is elected, there is no chance for GC debates. The economy will become so bad that there won't be any support from any law makers. Nobody will touch the immigration bill.

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  • Macaca
    07-28 07:43 AM
    Democratic Leaders Agree on Overhaul of Lobbying ( 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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  • 485Mbe4001
    07-14 03:16 AM
    Why are you so worried about this initiative. Do you think an official at USCIS will read a letter and change the process in one day. If you think so then i wish you had written a letter during the letter campaign, we needed someone with your 'positive' attitude. I have sent letters to everybodies uncle and this is my 8th year waiting in EB3 and 12th year in US. Give us a chance to express our thoughts and wallow in our black hole.

    We as EB3 feel that we got a raw deal due to a change in the intrepretation of a law. There is nothing wrong in sending a letter to express our opinion.

    You can send a letter to thank USCIS for helping EB2 and the fact that you have an MS and that makes you great etc...(isnt this what every other post says, disregarding the fact that EB3's have people from top US universities too, there top universities around the world. I guess that you guys or the USCIS thinks that 5yrs consultancy at desi bodyshop with manufactured resume = 2yrs MS at Yale). Nothing against you, let us post a simple letter and get on with our miserable lives.

    Nobody cares what qualifications u have. EB1, EB2 and EB3 is what matters at the end of the day.

    This letter is utter nonsense. Admins, Moderators...pls stop this nuisance as this will cause internal fighting and end up in nobody receiving any benefits in the near future. If USCIS responds +vely to that letter, then do u think EB2s will keep quiet??? This will cause chaos and thus nobody will get anything out of it. Why is this thread still alive. Pani, the starter of this thread shud be banned for initiating this effort. Shud anything -ve happen to EB2s as an outcome of this, I'm gonna hunt that fellow and sue him for ruining my life.

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  • spicy_guy
    09-19 07:53 PM
    they are taking social security, medicare taxes. while we are not getting any benefit out of it. they must stop taking social. they are taking this taxes based on that they will give us permanent status. now they have delayed process near to impossible for EB-3.
    Intent of social security and medicare is to support social security benefits, but when they are not granting any of this benefit they should stop taking it from us or should make green card processing faster.
    they should clarify this situation since they are taking money from us.
    hetal shah

    You will reap the benefits when you retire. Not now


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  • gcisadawg
    12-27 01:31 AM
    Why do you want to involve the world in a matter between Pakistan and India?
    I see what you are saying. But I don't think I agree with you.
    The world probably doesn't give much of a damn about it. At the end of the day, a few million nuked and dead Pakistanis and Indians are not going to be the West's headache. They will be the headache for India and Pakistan. So, nukes DO impact the options.

    Yes, there would be a few million nuked pakistanis and Indians. As you said, if the world doesn't give a damn why would Rice, Brown, US Military JCOS and a bunch of others visited India and urged it to restrain caution. I challnge the Indian Govt. to widely publish the statement " Nukes dont impact our options. The decision to go to war or not is not impacted by the presence or absence of nukes"...See how the world reacts.

    The world is more worried about Militants getting their hands on Nukes and has some confidence in India's caution. Madeline Albright recently said pakistan is like a migraine for the world. How many times we have seen stories where leaders after leader, strategists after strategists express concerns that Militants may get the nuke trigger. I believe the world has a stake in neutralizing Pak's Nukes. Do you believe the Nukes are partially controlled by US at present? Or is it Zardari who has the complete control?

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  • unitednations
    03-26 08:49 PM
    Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?

    If you go really far back; california service center when they were adjudicating 140's would the odd time deny a 140 because they didn't believe the intent of joining the company if a person was working in different location (when baltimore case came out; it helped in overturning these types of denials and they stopped doing it).

    Now; nebraska service center the odd time did question the intent at the 140 level and also at the 485 level. I haven't seen it much in last three years. However; the ones I did see (they were all approved; thanks to baltimore decision) were for companies which had filed labors in iowa. I believe that this was also one of the catalysts in looking at iowa companies of what is happening today.

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  • shukla77
    06-05 11:12 AM
    Does anyone know that the closing has to be before November 30th in order to get this 8K tax benefit?

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

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

    07-10 04:54 PM

    from your experience...

    I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.

    I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.

    Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..

    All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..

    Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?

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