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  • milind70
    07-11 11:21 AM
    Thanks Milind70,

    I had submitted the lattest I 94 to my company

    but somehow they filed ext with I 94 that came along with i 797

    now i will get three yr ext with I 140 cleared

    then i can get new i 94 with stamping

    You mean,
    talk to immigration officer now at local off?
    can they correct that i doubt since its already expired and i have new I797 with I94

    I think the best case for you is when u get your 3 year extension
    go to your home country for stamping and make sure u submit all your I 94s
    when u leave even the one that came with 797 .
    Whne u reenter you will get a new I 94.





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  • rsdang
    08-29 10:59 AM
    A drunk walks out of a bar with a key in his hand and he is stumbling back and forth.

    A cop on the beat sees him and approaches "Can I help you sir"

    "Yessh! Ssssomebody ssstole my carrr" the man replies!

    The cop asks "Where was your car the last time you saw it "

    "It wasss on the end of thisshh key" the man replies.

    About that time the cop looks down and sees the man's weiner hanging out
    of his fly for all the world to see.

    He asks the man "Sir are you aware that you are exposing yourself "

    Momentarily confused, the drunk looks down at his crotch and without
    missing a beat, blurts out.........."Holy crap! My girlfriend's gone
    too!





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  • chintu25
    08-07 10:59 AM
    CIRCUIT
    Bhai, Bapu ne bola tha ke kabhi jhoot nehin bolna mangta hai. Apun aaj se kabhi jhoot nehin bolega Bhai.
    MUNNA BHAI
    Aye Circuit, woh Sunita ka baap aya hai terayko dund rehla hai.
    CIRCUIT
    Bhai usko bolo apun gaon gaya hai, kheti karneko.
    MUNNA BHAI
    Par Circuit, abhi to tu bola kabhi jhoot nehin bolega.
    CIRCUIT
    Bhai, apun jhoot nehin bolega, par tum to bol sakta hai na.

    :D

    MAMU
    Bhai, apnay ko char mahinay mein Tamil sikhna padega. Kuch upay batao.
    MUNNA BHAI
    Kannada kyun, aur char mahinay ka kya chakkar hai?
    MAMU
    Meinay ek Tamil baccha adopt kiya hai, aur woh char mahinay mein bolne lagay ga.

    :D

    CIRCUIT
    Oye Short Circuit yeh light bulb pe baap ka naam kya likh raha hai?
    SHORT CIRCUIT
    Apun baap ka naam roshan kar rehle hai.

    :D:D:D:D:D:D:D:D





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  • unitednations
    03-25 11:58 AM
    Thanks for the link. Essentially there are 2 issues here

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

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

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

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

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

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


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

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


    If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.

    Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.

    In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.

    USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.

    As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.



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  • gcisadawg
    01-06 04:10 PM
    Refugee New,

    When an innocent civilian is killed anywhere, it is scary and painful because we never know when others would be talking about our death as "another civilian gone". It is much more scary when the 'attack/counter-attack' show unfolds in the theater of middle east.

    Arab league tried to bring a resolution in Security council and it was scuttled by US. Arab leaders try to act as if Palestinians are the only priority and portray the blame on others. But when all those western diplomats and leaders visit them, they are gifted with pearls, diamonds and all those precious stones and metals along with coveted contracts for their industries.

    An Isreali leader can wage a war whenever he see's a need. If he wins, he would be a hero and win the next election. Otherwise he just goes home..
    Thats it.....

    An Arab leader is not like that. He needs to cling to his throne FOREVER and also safeguard it for his son's use. So, he is always beholden to
    western countries and Western leaders know that. That's why they always have their way and you and I would see these drama unfold again and again.

    It is a very high stakes game where the survival of the throne depends on keeping the Arab masses diverted and glued to Israel's actions.

    I do not condone the massive use of Israel's arms in any way. But my point is, if the Arabs don't take care of Arab issues, then who will?





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  • suavesandeep
    06-23 12:00 PM
    Tax credit for home purchase could rise - USATODAY.com (http://www.usatoday.com/money/economy/housing/2009-06-22-homebuyer-credit-may-be-extended_N.htm)


    1. It started with $8,000 tax credit which had to be repaid over the next x years.
    2. After a year they said you don't have repay the $8,000 tax credit. Keep IT.
    3. Now till end of 2010 they are proposing $15,000 tax credit.. And open it up to everybody and not only new home owners.
    4. 2011. There may be a bigger tax credit.

    Depending on the year you buy you lose some change.
    Somebody up there is really determined to keep the housing bubble and not let the market correct itself.



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  • nogc_noproblem
    08-26 11:09 PM
    Three mischievous old Grandmas were sitting on a bench outside a nursing home...

    ... when an old Grandpa walked by. And one of the old Grandmas yelled out saying, "We bet we can tell exactly how old you are." The old man said, "There is no way you can guess it, you old fools."

    One of the old Grandmas said, "Sure we can! Just drop your pants and under shorts and we can tell your exact age."

    Embarrassed just a little, but anxious to prove they couldn't do it, he dropped his drawers.

    The Grandmas asked him to first turn around a couple of times and to jump up and down several times.

    Then they all piped up and said, "You're 87 years old!"

    Standing with his pants down around his ankles, the old gent asked, "How in the world did you guess?"

    Slapping their knees and grinning from ear to ear, the three old ladies happily yelled in unison - - "We were at your birthday party yesterday!"





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  • chintu25
    08-06 12:59 PM
    Other than the July 07 USCIS debacle reversal thread, this is the best thread in IV so far.


    This is the chill pill for all of us ....................



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  • geesee
    06-06 05:01 PM
    I agree with above few posts.. I wouldnt recommend buying a house if you are working in technology field.. Most of the companies are sending tech jobs offshore and god forbid if you find yourself in a situation where you dont have a job for couple of months, at least you have an option to pack up and go back to own country... I myself bought a house in 2005, I dont regret the decision, but I would feel much safer otherwise.





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  • dontcareanymore
    08-05 12:45 PM
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.


    W T F is unfair in that ? Why can't some one convert if they are indeed qualified as EB2 ?

    How about a thorough investigation in to your case to compare what you do with what host of other EB3s do?
    How about to see how long you have been with your employer and how long you intend to stay ?
    How about investigate all other GC apps from your employer and compare your job duties to to others

    I know you are a looser and just convinced your sweatshop owner to file an EB2 case for you. So don't preach.



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  • senthil1
    04-09 12:02 PM
    Why do you need to hire other person if Joe is fit f
    or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.

    There is a difference between displacing an American and hiring the best talent - if I have a job opening, I interview 10 candidates and I want to select the best.

    Given the current bill, I have to wait for months to hire this candidate if this candidate happens to lack GC/citizenship. This affects my business and group productivity. Every time I wait for months to get a candidate, it affects my business.

    So, what this bill is trying to imply - "hey, do not bother hiring the best talent - why don't you hire Joe, a GC holder, he can do the job fairly well even though he is not as bright as Mary, the person you really want to hire"

    I feel a sense of disrespect in your voice for folks who do not have higher education (e.g., MS/PhD) - I have a M.S. but I know of a bunch of folks who are much brighter than me and have a bachelors degree. Infact, if I am not mistaken, Bill Gates still does not have a degree, so in your eyes, is he not useful/accomplished?





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  • nojoke
    05-03 09:38 PM
    You think buying and selling a home a joke. You look on an average for 3-5 month to buy a home and one fine day u woke up and interest rate is high u plan to sell. This may be even possible only when u have bought house for pure investment.

    Once you move to ur first house with ur family. you will not sell ur house until u r forced to because of job/other extreme factors.

    Location is most important that any thing. It is very very localized. do u think manhattan house price went down..in fact it went up. Similarly DC metro area is relatively stronger compare to mid west.

    A bit of luck is always there in every single thing. Predicting bottom/peak is always challenge.

    One funny thing..people are planning how to sell before they even look for house to buy. lol..


    What are you talking about? I said to buy house when it is cheaper. If interest rates go up, then the house price will sure come down. If I buy low, I will be able to sell without a loss. I said it is better to buy a house cheaper at higher interest rate than paying 1/2 million at a lower interest rate. Got it?

    So Manhattan prices are rising and it is ok to buy else where? You are kidding.
    Yes real estate is localized. But this time it not if you area is falling down in price, but it is by how much. Some areas fall more than others. The prices will continue to fall in 99% of the place. Please stop quoting Manhattan. How many here live in Manhattan?

    Oh, predicting in this economy is easy. The housing will crash. No question about that. Only question is by how much. The lying liars(NAR) has just said that there is going to be a correction of 24% this year for california. If they are saying this, then you know it will go down by more than 40%.

    Did you watch today's program in CNN(housing meltdown). They said that this is a ponzi scheme. It is unsustainable. It is bound to fall.

    You seem to be living in your own dream world. Stop denying the fact. Go look around and read news. Just hoping for prices not falling is not going to stop the crash.

    I am not trying to talk about selling before buying. I am telling you to buy at a lower price so that you don't loose when you are forced to sell. Even otherwise it is always a good idea to buy low. Don't you look for bargain for your clothing. You don't sell them, but you still try to get at a good price. If you are doing this for buying clothes, why are you guys so eager to throw your money away when it comes to housing.:confused:

    Before throwing the sarcasm at others, learn about the economy and where we are in housing and where it is heading. You are just playing 'I don't hear any bad news, I don't see bad news...la la la la and everything is wonderful'. Look into all the links I posted and tell me why you are confident that house prices won't fall.



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  • desi3933
    07-09 01:56 PM
    Related question - if your I94 is expiring say 8/11/2007 and ur H1 is still valid until 11/11/2009; do you have to renew the I94..while in the US (given that you are not travelling outside US)

    The H1B does have a I94 at the bottom corner with 11/11/2009 as Exp Date.

    You already have I-94 valid until 11/11/2209.

    Just to verify, are the numbers same on both I-94s (8/11/2007, 11/11/2009)? If so, you are ok. Staple the new I-94 in the passport along with the old one.


    ______________________
    Not a legal advice.





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  • StuckInTheMuck
    08-06 12:30 PM
    all until the one going down hits a trampoline and the one going up hits a ceiling. Then they reverse course. The trampoline and ceiling are the visa bulletins:
    Neat :)



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  • NKR
    12-24 10:58 AM
    but if a muslim rebels in lack of justice and equality�


    Thought I will stay out of this debate, but I couldn�t especially when innocents are getting killed�

    In India, Muslims have their own justice system according to their beliefs. Government sponsors Haj pilgrimage to poor muslims. We treat Taj Mahal as our symbol of love, fair enough.

    Abdul Kalam was the president of India, he is widely respected and all his lectures go full house even now.

    According to forbes, Wipro�s CEO Azim Premji was rated the richest person in the country from 1999 to 2005. He is the richest Muslim enterpreneur of the world. Many Hindus are working in Wipro and are proud of it.

    The three Khans in Bollywood are adored in India, Amir Khan�s Lagaan was India�s official entry for Oscars and now his �Taare Zameen Par� is this year�s official entry. We all will be happy if it wins.

    Azharuddin was the captain of Indian cricket team, though he was associated with match fixing and selling his country�s pride in cricket, he still roams scotfree.

    So where is the lack of justice and equality?. All the above chose to use the system wisely and prospered. They did not chose to lag behind and then rebel against the system.

    Now, If you think whoever is sponsoring terrorism are doing it in Islam�s favor, you are dead wrong, they are doing it so that they can lead a lavish life in their fortified mansions, they continue to sponsor terrorism, drug trafficking, money laundering and what not�all at the expense of poor brainwashed people who are mere cannon fodders.

    A poor person from Pakistan comes all over to Mumbai to carry terrorist activities and I do no understand how you can say that he is rebelling against lack of justice and equality in India. For one there is no lack of equality as mentioned above, second, who gave them authorization even if you all think there was one. That is our internal problem for crying out loud.

    Even after showing proof that the captured terrorist was from Pakistan, they are back to their old lying game telling that the person�s name is not in their official records. What next, will they give that person�s dad to India to carry out DNA test?.. hell no, they will ask for DNA sample from India and say it did not match. Seems like the trait of lying and misleading the world is in their DNA.





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  • GCNaseeb
    08-02 07:34 PM
    Thanks for your valuable suggestions UN.

    So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?

    Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?

    Thanks again. I really appreciate your help.

    Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.

    At the same time you can have h-1b.

    Both things allow you to stay here.

    Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.

    Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.

    You could try to convert the h-1b to part time or transfer to another company.

    I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.

    USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.



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  • gcdreamer05
    03-23 03:36 PM
    People who got GC are not facing any waves. That is why we need to get GC asap. If we struck in the GC process though we have a strong profile (careerwise, w2wise, taxwise, educationwise etc), we need to face waves like recession wave, backlog/perm wave, merging wave, economy wave, I140premium/nopremium wave, bipart wave, 2001 eb3stuck wave, magic visa bulletin wave, technology wave, visa stamping wave, uscis reform wave, dol wave, bulletin wave..


    Agree 200% with you, except that i would replace waves with psunami's - recession psunami, bi part psunami, eb3stuck psunami..........





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  • mihird
    07-17 12:06 AM
    This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas ...and, ..... to convert H1B visas to green cards.

    ......

    Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.

    Randall,

    How do you explain this? As per the current setting 3 times as many people are issued H1-Bs as there are green cards each year.

    Each and every H1-B visa holder has a legal option to apply for a green card (the doctorine of H1-B being a dual intent visa). Why have such a flawed setting? The setting is deliberately flawed on purpose...

    In reality this setting does two things.
    1. Fills the overwhelming immediate void of shortage of the highly needed skilled labor, without America having to commit long term to the foreign labor, or give its family any benefits (imagine having a physically/mentally challenged child, and not being able to seek any help from the same government that forces the H1-B holder to commit to social security for years, just like every other American - unfairness of the program at its worst).

    2. Creates an indentured job, wherein the employee has to stick to that job for several years in a hope that one day the backlog will clear and he will get a chance to the green card - employers have full freedom to exploit this indentured laborer as much as they want, during that period. The irrational fixed and equal per country quota makes it worse (or best, depending on whom you ask). Poorer the country, more hard working the people, higher the immigration, longer the wait, better labor indentured for longer the time. Capitalism at its best!!

    Give it some thought...Is the backlog a doing of the H1-B employees? Is it a doing of their country of origin? Neither of the above. The backlog is a doing of the way the program is set up. The program is very cleverly set up to serve the interests of the American companies and America in general (provides a steady supply of skilled, sometimes low paid indentured labor - nothing wrong with that - each country is free to do whatever it takes to further its own interests, plus as a H1-B holder, being in America is a previlage, not a right, so no complains about that)

    WHAT IS REALLY GOING TO HURT AMERICA IN THE LONG RUN IS THE RANDOM WAY IN WHICH THE QUEUE IS SET UP. UNLESS THE LAW MAKERS WAKE UP AND THE CREAM OF THE H1-B POPULATION IS PUT UP FIRST (SKIL BILL), IRRESPECTIVE OF THEIR COUNTRY OF ORIGIN, AND THE REST AFTER, IT WON'T BE LONG BEFORE THE CREAM DECIDES TO JUMP SHIP TIRED OF FIGHTING THIS BORKEN SYSTEM. Its when that starts hurting America, the law makers might finally wake up...but it might be too late.

    A country like India is probably moving forward 10 times faster than America. How long will it take before the two catch up in incomes/standard of living based on the PPP. Based on what I have seen in the last 10 years, I would only give it another 5 years at the most..





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  • bajrangbali
    06-21 08:48 PM
    When it comes down to both GC & MTR denial...all is not lost as long as you have not put a lot of money down on the house. You could get back your 5% down payment worth in abt an year and after that mortgage would be the same as rent you would be paying living in an apt. Assumption here is, your mortgage is close to rent payment. If you have to leave, then just leave without the burden of having lot of money invested in the house. If you are still thinking abt 5%..just max out all your cards and have a blast :cool::cool:





    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





    shensh
    04-09 01:33 PM
    Chill out pal, please don't exaggerate how much people value academic degrees in real business world. Holding a Ms or PhD degree alone doesn't necessarily mean you're an asset to this country, nor to a particular employer. I have Ms degree from US institution and I don't think it matters much to my employer, everything is based on performance.

    I agree that H1-B visa should be granted to people who fill a real business need, not those who are unfortunately treated as unlimited supply for body-shoppers making their fortune selling hours of H1-Bs. In this perspective, the idea of restricting companies with 50+% H1-Bs is brilliant. I wouldn't worry about management consulting firms like BCG or McKinsey, I bet they don't have half of their consultants under H1-b. :-)

    Quote:
    pete
    --------------------------------------------------------------------------------

    EVERYBODY wants those doing Ms and PhD in certain disciplines to stay. They do no harm AT ALL and actually are an asset.

    Consultants need to be curtailed.



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