Monday, 4 July 2011

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  • unitednations
    08-02 02:34 PM
    United Nations,
    I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
    Please answer on simple question for me....
    What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.


    Obvious questions is; why take the risk.

    A few years ago when people had gotten laid off; they would take the 140 approval notice and file without job letter. USCIS was taking 2 years to approve 485's. When they would send an RFE they would ask for job offer letter and person would invoke ac21 and get away with it.

    However; i am sure uscis would have smartened up now...

    I can't give you a definitive answer with whether they would reject the case or not.

    Whatever you do; do not fake the letter. I know someone two years ago who filed the 485 with a job letter that his manager friend gave to him; even though he was laid off.

    In rfe; uscis stated that company revoked 140 before he even filed 485 and asked for the discrepancy. Do not do anything that would jeopardize your future immigration status.




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  • willwin
    07-14 08:09 AM
    willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
    Whether EB1 is presently retrogressed or not doesn't matter.
    Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
    Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.

    fine, then why are we working so hard to remove the per country limit? That was set by law too!!!

    We can't pick only those options that would favor us. Sometimes changes bring hard-luck.




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  • pappu
    08-11 08:46 AM
    http://www.flcdatacenter.com/CaseH1B.aspx

    maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate
    great find yabadaba. Thanks. I have sent this link to someone who can do some data analysis in our favor. However we are looking for EB GC data.

    do you/anyone know of any data sources for EB greencard applications on USCIS site/someone has already done stat research based on uscis data? We would be able to get independent analysis of that data by experts to our advantage. This analysis can be used by media when they interview us and also can be given to lawmakers to win their favor. you can PM me or post any such information on this forum and I can send it to experts I know.




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  • Marphad
    12-18 01:22 PM
    I think all this can be summarized as "Live and Let Live". Terrorists and direct and indirect supporters of terrorists don't understand this.

    And what do bible say about people who do not believe in bible. How can the creator who created everything,

    ......

    Christ. I don;t think that every word of Quran is the word of Mohammed. I don't thin that every word of Geeta is the word of Krishna. If there was a way for these great souls to appear before us in this age and talk to people who "appear" to follow them, these great souls will tell their so called "followers" to stop this nonsense in their name.

    .



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  • unitednations
    08-02 12:50 PM
    Thanks UN


    245i is a good example of correct intention but poor execution.

    It caused a surge of labor filings for people who were here illegally. It allowed people who were beneficiaries of i-130's to also jump over to labor cert cases afterwards when they say nothing was happening with family petitions.

    it really caused a drain to department of labor at the state level in the heavily populated states. This is when all the drama began (companies setting up show in delaware, maine, new hampshire, south dakota).

    Just with how the laws work; different agencies; different fuding, different jurisdictions; it is difficult for the agenices to do process improvement because congress doesn't ask them if they can handle a law change. Law gets changed and the agencies don't have enough time to implement or get ready for it; and then we all crib about it.

    I know everyone is in a bit of a high right now that they can file 485's but without increasing quota or allowing more people to get approved; we will definitely see some anxiety from many people.

    Honestly; my biggest worry is the people who work at consulting companies and want to leave the first chance they get. Every time a company files a 140, h-1b; it gives a chance for uscis to go through the whole immigration history of a company. At certain points the number of 140's will be greater then the actual number of people working at the company. If they start detecting a pattern that everyone is leaving;it will look like company is set up for immigration purpose.

    California service center was just getting tough with this before they stopped doing 140's. There were a few big bodyshoppers where california service center denied the 140's and one of the reasons were that they didn't have a full time and permanent job for the person. In the decision; they went to such an extent as to going to company web-site and seeing the positions posted were at client locations for 3 to 6 months; they went to dice to see their postings, etc. and denied the cases. I think there will be an issue with this.




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  • paskal
    04-07 05:27 PM
    Can there be a differentiation between extensions/renewals/company changes and new H1bs?

    In some sense there already is, since the former are not subject to cap, while the latter are.

    So, why not extend the same argument to other situations?
    Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

    That way, they don't get rid of existing H1B employees.
    They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.


    I agree, new H1b is not our concern..well not directly or immediately.
    maybe the way to approach this is to ask that a PERM/LC once approved be considered as fulfilling the requirement for any certification needed for the job- in any case if it's the same process, it amounts to useless duplication to keep certifying a job again and again...



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  • nogc_noproblem
    08-26 01:05 AM
    Why cats are better then men ...

    � A cat matures as it grows older.
    � Back hair on cats is cute.
    � When a cat sleeps all day it's natural, not annoying.
    � Unlike a man, a cat can fend for itself.
    � A cat is loyal.
    � Cats actually think with their heads.
    � "Meow" is never a lie.
    � They'll both stand outside your door and whine, but the cat will stop when it gets in. :)
    � It's more amusing to watch a cat try and deal with a piece of tape stuck on its paw than to watch a man do anything.
    � To buy a fancy dinner for a cat only costs 35 cents.
    � A cat's friend is less likely to be annoying.
    � Cats can't show love without meaning it.
    � Cats are always cute.




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  • unitednations
    03-25 06:59 PM
    I am trying to upload a pdf file but keep getting error message.

    temporaryjob140denial.pdf:
    Upload of file failed.

    It is way below the size limit posted for pdf file.

    any ideas?



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  • nojoke
    04-21 04:19 PM
    The trillion-dollar mortgage time bomb

    http://money.cnn.com/2008/04/21/news/economy/fannie_freddie/index.htm?section=money_mostpopular




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  • logiclife
    02-21 11:16 AM
    Today, Lou Dobbs has written on more article.

    This time, Lou Dobbs is having a lot of admiration and good words to say about.....guess what ...LOU DOBBS.

    Yes, Lou Dobbs loves Lou Dobbs. He has created a whole new class of people in this country. He says that there are 150 million "Lou Dobbs Democrats" in the country the no ones knows about.

    Read the whole article here (http://www.cnn.com/2007/US/02/20/Dobbs.February21/index.html)

    Excerpts of Lou Dobbs talking about how great and popular Lou Dobbs is...

    The ascension of the so-called Lou Dobbs Democrats in the November election gave hope to many that our representatives and senators were awakening to the need to represent the largest single group of voters in the country, 150 million working men and women and their families.
    --Lou Dobbs, Feb 21 2007.

    The Democratic Leadership Council is obviously frightened that my brand of independent populism is a threat.
    --Lou Dobbs again, on Feb 21 2007, when absolutely in awe of Lou Dobbs.

    I call that independent populism, not neo-populism. And I also call that truth.

    --Lou Dobbs, calling Lou Dobbs an INDEPENDENT populist while writing a column praising Lou Dobbs.

    In the case of the Democratic Party, there seems to be a rising fear that more Lou Dobbs Democrats are on the way and are going to demand truth over slogans and an improving reality for working men and women rather than ideological posturing that will salve the corporate masters of both parties.

    --Lou Dobbs, describing the Lou Dobbs brand of Democrats.

    Geeezzz...really. Why doesnt he just run for office instead of campaigning from CNN.



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  • walking_dude
    09-29 03:47 PM
    Please read my post. I wrote 'contribute' and not vote! I know LPRs cannot vote, but they can certainly contribute to election campaigns. Assuming USCIS uses even 100,000 of available visas and taking the conservative estimate of 50,000 (50%) of them to be adults, there will be at least 200,000 new EB LPRs between now and 2012. These EB immigrants can definitely help shape the future of their future country of citizenship through their contributions.

    And why should I pray? If this country doesn't need me, I'll move over to some other that better respects me. And whom should I pray for? Mcain - author of CIR 2007 -who doesn't care either way?

    I would rather have Durbin send me back in a year rather than have McCain waste 4 more years trying to sell CIR to extreme right-wing-nuts who form the base of Repub party,and Hispanic voters. And get the resulting medley passed through a Dem congress. It will be another repeatition of CIR 2007, which was incidently authored by McCain.

    I would rather have the issue resolved one-way or another fast in a year or two rather than waste 4 more years for something which I might never see in this life.

    And you think majority of those ppl will get Voting rights by 2012....forget it...Most of the ppl here are lucky to get tehir GreeN Card by 2012....

    There is no reasoin for him to pander future voters......He will be most likely agnostic to EB issues, however, as noted..if Durbin is his Immigration advisor..then we are toast...so pray for the best...




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  • file485
    07-17 12:46 PM
    thanks UN for your posts..

    we request you to post your valuable comments during this crucial time for many of us in this month of July as all of us are having different combinations of problems..

    I personally don't trust my lawyer..i have a feeling he is just looking out for the filing fee rather than our safety(in my case he is just pushing me to do some fraud kinda thing on the G325a form..we stepped back though)..

    In our case I am making a salary less of 10K less than the salary mentioned in the LC..could this be an issue..?



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  • GCmuddu_H1BVaddu
    01-03 09:57 PM
    But the point is, these cockroaches came to Mumbai from Pakistan are fed by ISI, don't you still realize. In what language do you want to hear?



    What apology?
    If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.




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  • rockstart
    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.



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  • munnu77
    12-18 02:54 PM
    Sign of very rare good pakistani journalism:

    http://www.dawn.net/wps/wcm/connect/Dawn%20Content%20Library/dawn/news/pakistan/dont-let-this-sickness-spread-any-further--qs

    Worth reading.

    good article..
    but i always believed, if there is a war between these countries, India will be the loser as pakistan has nothing to lose right now..we will go 10-15 yrs behind compared to other developing countires..
    The war between 2 countries is that the terrorists really want, so they get a bigger grip on pakistan and they can recruit more people into them showing this..
    Europen countries doesnt have much of a problem if they want to attack pak..
    They will bomb and just go..India will have to deal with a destabilised country and people after tht..may be for decades




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  • diptam
    08-05 04:37 PM
    I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.

    Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

    I don't see why there are so many angered arguments...

    1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.

    Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.

    2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.

    If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.



    Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.



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  • sledge_hammer
    03-23 01:24 PM
    I'm not sure if its just me being a conspiracy theorist for a change, but I see that these types of phone calls and RFEs, etc are coming only to people that DON'T have a lawyer. Anyone else feels the same?




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  • jonty_11
    09-29 03:09 PM
    Precisely my point! Majority of EB immigrants are pro-Democratic party and possible future contributors to Obama 2012 campaign.

    Why then should Obama support anti-EB measures that will hurt his chances in the future, when he'll get no benefits by supporting those measures?

    Hope better sense prevails!
    And you think majority of those ppl will get Voting rights by 2012....forget it...Most of the ppl here are lucky to get tehir GreeN Card by 2012....

    There is no reasoin for him to pander future voters......He will be most likely agnostic to EB issues, however, as noted..if Durbin is his Immigration advisor..then we are toast...so pray for the best...




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  • yrspassby
    08-07 04:41 PM
    A doctor, a lawyer, a little boy and a priest were out for a Sunday afternoon flight on a small private plane. Suddenly, the plane developed engine trouble.

    In spite of the best efforts of the pilot, the plane started to go down. Finally, the pilot grabbed a parachute, yelled to the passengers that they had better jump, and bailed out.

    Unfortunately, there were only three parachutes remaining.

    The doctor grabbed one and said "I'm a doctor, I save lives, so I must live," and jumped out.

    The lawyer then said, "I'm a lawyer and lawyers are the smartest people in the world. I deserve to live."

    He also grabbed a parachute and jumped.

    The priest looked at the little boy and said, "My son, I've lived a long and full life. You are young and have your whole life ahead of you. Take the last parachute and live in peace."

    The little boy handed the parachute back to the priest and said, "Not to worry, Father. The 'smartest man in the world' just took off with my back pack."

    ;););)




    sanju
    05-16 10:47 AM
    :p :p I like this most. Lets move on...

    It appears that some of us are mad at our employers and there can be several reasons –
     We think we are “high-skilled” and deserve more even though we are spending most of our time at work on IV forums
     We think our employer is taking advantage of our situation and if we had green cards we would have taken over the crown from Bill Gates and Warren Buffet
     And so on….

    For some of these reason, we are faulting everybody around us, our employer, companies not our employers, consulting companies/body shopper, other H-1B applicants, L-1 applicants, people who come on B-1, companies like TCS/INFY/SIFY etc. And there seem to be this idea that if a bill is passed to harm consulting companies or body shoppers or companies like TCS/INFY/SIFY, then somehow that is my gain because I am suffering because of these guys. Consistently, I have seen this argument on the forums, but somehow I am not convinced that these guys have to lose something before I could get what I want.

    IEEE-USA, Ron Hira et al has problems with us if educated/skilled/talented people come here on H-1/L-1. So that’s why they oppose any increase in H-1. These guys have a problem with us if we apply for green card and that is why they did not include a single provision in Durbin-Grassley bill to fix the green card backlogs. In fact they are making sure that people waiting for green card will have to somehow leave the country. These same guys at IEEE-USA have a problem if we choose to go back to wherever we came from and we decide not apply for green cards. In this scenario they say that we are promoting outsourcing because we are returning to the country we came from. And if we never ever chose to come here at all, these guys simple say that we are still taking their jobs because we are the people on the receiving end of the outsourcing. So either way you look at it, these guys are simply out there to screw us. The bad thing is they are organized and we are not. And the worst thing is we have guys like Senthil1 on this forum who thinks that by some how causing harm to consulting companies/body shopper/companies like tcs, infy etc we are making up for our delays in the green cards. And I just find this argument very very bizarre. No offense to anyone, but just wanted to clearly say that Durbin-Grassley bill is not designed or intended to help anybody on H-1/L-1/green card applicant, directly and indirectly. In fact, in the long term, I do not know who is getting the benefit from Durbin-Grassley bill other than the BPO companies in the other countries.




    xyzgc
    12-17 04:24 PM
    Now you may go and dig out my previous postings too!

    Ah! all these red dots are showered on me by you kinda folks for questioning this type of nonsense!

    Bring it on more (red dots) LOL

    Want to discuss which airlines to boycott?:D...
    There is an IV thread for you!



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