Wednesday, July 6, 2011

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  • paskal
    07-14 05:37 PM
    Thanks. I will look into it further when I get a chance. the number of GC granted in a year is complicated- and for the moment I speak offhand so correct me if needed. Till 2005, the recapture clouded the numbers. After that EB3 benefited from a Schedule A recapture that went almost entirely to EB3, a lot to EB3 Philipenes and a good chunk to EB3 India.

    AFAIK last year though, once that was ll over and vertical spillover was implemented, EB2/EB3 Inid should both have got only the strict country quota mandated GC numbers.

    Anway- offhand as I said...gotto rum.




    Paskal,

    Your post made me look again into the text. Alright, I see some things now, doesnt fully explain the lack of EB3 numbers but let me summarize..

    EB2-ROW-> EB2(general-pool). I have always conceded that this should be the case. (for those who disagree, see my initial posts).

    My point always has been on the spillover of EB1 numbers, that very clearly is to be shared amongst EB2 and EB3 (and if you apply USCIS "new" yard-stick), this will be first-come-first serve, so pretty much will help the most regressed category. However, it is my contention that in making the change of the Veritcal/Horizontal spillover (is there any "memo" on this?), USCIS went a step further than what they should have done. They denied EB1 spillover to EB3.


    For the rest EB3ers, here is the relevant post that supports EB2-ROW to Eb2->general-pool. But it does not say anything about EB1 numbers


    "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limit ....





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  • sands
    08-07 05:25 PM
    A couple drove down a country road for several miles, not saying a word.

    An earlier discussion had led to an argument and neither of them wanted to concede their position. As they passed a barnyard of mules, goats, and pigs, the husband asked sarcastically, "Relatives of yours?"

    "Yep," the wife replied, "in-laws."
    This is hilarious! :)





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  • vbkris77
    03-24 04:21 PM
    Hello, If I were to put you all guys in a room and give you a permission to fight each other, you will really beat the crap out of others..

    Any topic, any issue will lead to in-fighting..

    Why did most Indians were caught on wrong doings in H1B, becos, most Indians had to spend most time on H1B status. Atleast 5 more years than usual. I am not saying it is right. But that is the fact..

    How long is Long enough to prove that one is employed to a GC?? No one knows???

    How many of the FTEs do other jobs that are not listed on their H1B? I bet most.. You don't look at your H1B petition to see if you are qualified to do that job or not. You will do it if you asked by your boss. Even if you can't, you will learn and still do it.

    So stop these crazy talk and help the OP if you can or just give a moral support.

    Most of you are not still convinced that we are not the reason for backlog. It is CIS that wasted visas and is the reason for the backlog.. That is the problem..





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  • akkakarla
    07-15 11:28 AM
    Let us be honest. A lot of us who came through body shops had to pay lawyer fee or had to take a cut in pay. Many of us had to sit in the bench for a long time with out pay. At the end of the day, not all of us are the best and the brightest but we are ready to work harder than the average Joe. With or without us this country will go forward. We are here to get a greencard and to become part of the melting pot. Please admit it my friends. I fully understands why many Americans are against us. We simply take their job. Then we insult them. Then we say, if we go back the American economy will go to hell. The companies are here for cheap labor. The congressmen who support them are the biggest receivers of their contribution. That is the reality. Let us not forget that. :D

    You cannot make a definite conclusion that everyone come through Body Shops and Stay on Bench etc. There are many who came to do Masters and got good jobs on H1B. Because of few rare incidents you cannot generalise that everyone do the same. We Indians(atleast the indians I know) never felt that way of American economy will go to hell blah blah if we are not there. Maybe you feel that way then it shows your arrogance. We need to be careful not to dig grave by ourselves by posting or quoting rare incidents because Immigration Opposing people frequently visit these forums and take them as "Quote: An Indian Posted like this on that forum"



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  • nogc_noproblem
    08-06 12:48 PM
    How to tell the sex of a fly

    I stopped at a friends house the other day and found him stalking around the kitchen with a flyswatter.

    When I asked if he had gotten any flies he answered, "Yeah, 5 .... 3 males and 2 females."

    Curious, I inquired as to how he could tell the difference.

    He answered, "It's easy, 3 were on a beer can and 2 were on the phone.





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  • ramaonline
    02-02 05:21 PM
    Both L1 and H1 visa holders pay taxes just like any othe US Citizen



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  • logiclife
    04-07 12:30 AM
    Guys,

    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.

    ALL OF THE 3 WILL BE AFFECTED.

    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.





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  • desi3933
    08-05 03:39 PM
    Don't remember exactly, I can look into the wording of the law but I think post bachelor 5 year experience for EB2 is a law and not Memo.

    Incorrect. Law does not mention 5 years. It simply says advanced degrees or their equivalent. Read for yourself (again!)

    ----------------------------------------------------------------
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    Sec. 203. [8 U.S.C. 1153]

    ....
    ....
    ....

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.


    .....



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  • amulchandra
    04-07 02:39 PM
    There are many big companies that depend completely on consultants for their software projects. Example Sony, Boeing... If this applies to existing H1bs then their projects will suffer a great loss.

    ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.

    I don't think this bill is going pass successfully.





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  • saravanaraj.sathya
    08-08 10:39 AM
    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.

    Question-
    --------------------
    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?

    Yes, that is correct.

    I will give you what was asked for in my local office interview:

    w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.

    I-134 affidavit of support

    All passports

    Updated and new G-325a (old one I had completed in 2003)

    Letter from employer giving detailed job description; salary

    last three months paystubs

    Company two years of tax returns

    Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).

    --------------------------------------------------------------------

    My situation; entered USA on TN back in July 1999

    Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).

    I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.

    From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.

    Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).

    I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.

    -----------------------------------------------------------------------

    When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.

    Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.

    He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.

    He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.

    He then said case is approved.

    Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.



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  • dealsnet
    01-07 02:31 PM
    You say romans converted egyptions to christianity. If it is true, romans follow catholic church. Coptic is Othodox christians, started during the period of apostole (AROUND AD 30-50). Romans may ruled them, but every one is coptic. Not changed the religion by force. You contradit your statement.
    Mohamed copy bible and make his own version and misled the people. It is like a cult. Like Mormon in USA. It is written in the bible. 'Those who change any word from the bible will be punished'. Mohamed's fate decided by God.
    I guess you meant 700 AD not 1100 AD.
    Here's a something along your train of thought.. before 300 AD all egyptians worshipped the sun god "Ra" until a Roman emperor converted to Christianity and made it the official religion, he still persecuted christian egyptians because the coptic version of christianity differed from his.
    Ra worshippers are the only true egyptians.. any idea where i can find them?
    cheers.





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  • pani_6
    07-14 08:13 PM
    Oh yes...today there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR)..do you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..

    we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..

    :)



    That's exactly what I was wondering about! Did anybody get a rejection letter from *DOL* advising them to apply in EB3 instead? It's hard for me to believe DOL was ever that helpful!

    And if they did not hear it from DOL and did this on their attorney's/employer's advise sending out this letter may spell trouble for the sender. You are basically sending out a signed letter stating that you tried to get labor approved for one category, failed and then applied in a lower category for exactly same job to work your way around the rejection. I'm not sure on how solid legal ground we will be if this be the case. Job requirements are supposed to be what they are and not what is "approvable". Remember recent Fragomen audit?

    Now before labeling this as yet another FUD from EB2 please understand that I'm not saying that you should or shouldn't send out the letter. Just that we should consult someone qualified in immigration law to make sure we are not inviting more troubles than what we are already in.



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  • mariner5555
    04-14 04:01 PM
    Unfortunately time will never move in reverse and will move in just one direction. A childhood gone is gone. It will never come back. We all want good things for our kids. My perception of good thing is different from yours. If my kid says that he wants to live in an apartment I will move to an apartment, that’s a given.

    Exactly. now before you jump ..let me say that this may not be applicable to you. but most of the people that I know of, who have very young kids ( 1 - 5/6 year olds) ..buying a house was a wrong decision. (and common sense says the same thing). Because they bought the house - either they had to slog extra or take up 2 jobs and/or spouse has to work. some of them had a baby sitter ..who would put the kid in front of the TV all day. some of the kids are/were at home all day with their mother (but no friends) and hence they were lonely. (wife does not know how to drive or only one car) ..some of the luckier ones were the ones who could afford to put them in all day daycare
    (but in this case ..kid hardly knows his parents well). now ofcourse there are some exceptions --where the sub-division of houses have lot of likeminded people / kids of same age and hence the kids have friends.
    in my humble opinion ..the best case is where a mother takes care of the son as long as possible and at the same time the kid plays with other kids of same age ..(there are definitely many exceptions) ...and most (neutral) people would say that those who rent would be more likely to have this best case.





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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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  • pointlesswait
    08-06 10:37 AM
    too bad this discussion is still on!
    its all about which side of the fence you are on!

    i dont think anyone is cutting the line...there were already there..well before you ..they just rejoined with the right set of documents..

    if you are willing to stick around for 10 years in the same job.. doing the same thing...hoping for ur GC to come thru...so that u can switch..then good luck to you..

    i am sure WHEN USCIS formulated the law..they would have had this discussion...of how to accomodate "high skilled" workers..who climb the ladder ..and who aquire better qualification...and who have the b***s to change jobs and not be slaves to GC process.. this law is them..

    Go ahead and file the case rolling stone...i will be the first to oppose it...c u in the battelground..;-)

    in this context...i am a Pandu..u are a gandu..(pun intended)




    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.





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  • nojoke
    01-03 04:05 PM
    You are right. And so it is imperative that before that happens, the perpetrators and their handlers are hunted down, exposed and punished, in a credible and transparent manner.
    Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why.


    What apology?
    I am not responsible for the actions of those people. Imagine if after 9/11, an American asked you to apologize for the actions of the 19 'Brown men' (I am assuming here that you are a south asian male) who killed 3000 Americans, how silly do you think that situation would be. If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.

    If you cannot take actions on these terrorists and keep giving reasons for not handing over the terrorists, you don't have any credibility to give us advice. You don't even feel that your country men are responsible and you ask us to modify our behavior. How about going and doing something to change your country first? Meanwhile we will ponder if war is the only option left, because nothing else seems to be working...

    If I cannot convince you to agree to hand over Dawood Ibrahim, how do you think Pakistan government will be convinced even if the evidence is provided against the culprits? There are always reasons to justify your actions. Even if we succeed to convince your government, it will say ' there is no extradition treaty. So let us talk on signing one first. And BTW, the treaty is signed after the Bombay incident, so we cannot extradite people for past crimes. And we cannot prosecute them because they didn't break pakistan law.' That is why I said 'we cannot wake up people pretending to be sleeping'. If you want to be sincere, start taking the first step. Hand over Ibrahim.



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  • pointlesswait
    08-06 10:37 AM
    too bad this discussion is still on!
    its all about which side of the fence you are on!

    i dont think anyone is cutting the line...there were already there..well before you ..they just rejoined with the right set of documents..

    if you are willing to stick around for 10 years in the same job.. doing the same thing...hoping for ur GC to come thru...so that u can switch..then good luck to you..

    i am sure WHEN USCIS formulated the law..they would have had this discussion...of how to accomodate "high skilled" workers..who climb the ladder ..and who aquire better qualification...and who have the b***s to change jobs and not be slaves to GC process.. this law is them..

    Go ahead and file the case rolling stone...i will be the first to oppose it...c u in the battelground..;-)

    in this context...i am a Pandu..u are a gandu..(pun intended)




    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.





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  • waitnwatch
    08-05 09:20 PM
    Can someone note the

    - Best funny post on this thread
    - Best post of the thread
    - Worse post of the thread

    for the 3 awards and I will go through just those 3 posts and close the thread. :D

    I will open the thread once Rollling_flood files the lawsuit:D.

    What do you say?

    Best post and best funny post is the first post I guess! Whoever this person is started a good nice fight for no reason so it is the best post.

    That post is also the funniest post because that person also talked about a lawsuit as if it was the same as buying and returning something at Walmart.

    The worst post - All the rest including all of mine for falling hook line and sinker for this bait.





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  • riva2005
    04-09 11:41 AM
    Yes, pete, other people should have hurdles. So when they stumble on those hurdles, it would be your gain.

    Its a zero sum game.

    We cannot all unite and work on this issue. So let's divide ourselves. Let's split IV into 2 organization, one for EB3 dumbasses who are getting a free ride and didnt go thru the whole 9 yards , and other for smart kids like you and rimzhim.

    Let me ask both of you. If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?

    Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?





    kaisersose
    04-15 02:12 PM
    I am on H1B and I485 is pending. I just bought a mid-price house and I will recommend to buy only if your I140 is approved. I waited for many years but finally bought one. Buying the house was a big decision but I am glad that I took it. I have a 3 year old daughter and she being able to run in our own backyard is worh of some financial risk. The house prices are lower (still I think a little higher than it should be) and the interest rate is good too. So, go for it and good luck.

    Per iwantmygreen you (just like me) are here to hurt his/her emotions. Apparently we get a kick out of that.





    mpadapa
    09-26 10:14 AM
    Yes, I would also love to see Sen Obama as President. I have no doubt in my mind that a Harvard graduate can get USA out of this economic turmoil. Obama presidency comes with a price for high-skilled immigrants because of the influence of Sen. Durbin on Sen. Obama on EB immigration issues. Past proposals from Sen. Durbin has scared the heck out of EB folks. If there is any changes to AC21 law like portability and H1 extensions, then many high-skilled immigrants might be sent packing because they cannot maintain status.

    I have been in this country for almost 10 years and still have a long way to go before I get my green card. A Green Card system that was devised for a wait time of few years, has been clogged and is taking decades for people to get Green Cards. On top of it if the rules of the game is changed (like that proposed in CIR), I certainly don't want to get into this black hole queue again. If I have to start over my GC process again I would rather start it else where other than USA. I am strongly inclined to start my Canadian PR process if I don't see any process improvement in the GC process in the next year. Decades of waiting for a Green card has taken the edge out of my creativity and innovative spirit. It has causes me to compromise on professional ambitions. Even after 10 years of wait for this never ending ordeal, I still have to spend thousands of dollars every year on immigration expenses. I still cannot commit to buying a house and settling down because of the uncertain future due to Green Card limbo.

    The luke warm reception to Lofgren bills by the Republican's have shown what we can expect if Sen. McCain becomes the President. Why did the so called maverick who supposedly supports immigration let the Lofgren bills die in the committees, while Republicans filibustered the bill in all the markup sessions. Sen. McCain has forgotten the word immigration after he has become the Republican nominee.



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