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  • unitednations
    03-26 09:24 PM
    Thanks UN. Just a follow up question, how would you advise to cases where the labor was filed at client location and the employee shifted to another state right after the 140 approval. I guess in this case there is no chance of convincing USCIS about AC-21 invokation. How would you act if such query comes up? Or is there a chance to get this query these days at the time of 485 processing.? Thanks in advance. With this, I would have all my doubts clarified regarding the work location. And also, I hope it does to so many others.

    Stating the obvious: Your attorney was a knucklehead?

    USCIS hasn't gone to zero tolerance on 140/485 so it is doubtful that you will get such a query.

    Are you still on H-1b?

    If you want to bullet proof yourself then do an eb2 labor now; port the priority date and then inter-file the 485 or file new 485 on eb2 140 which would have been done appropriately. You can get your greencard dependency on the new 140 without losing much in terms of waiting and getting peace of mind.





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  • coopheal
    01-07 10:15 AM
    Refugee_New already got the GC. I have read his some previous posts too and after that I doubt his commitment for the IV goals.

    People responding to him please understand, either we can focus on efforts which will help us getting GC faster or we can continue to discuss this topic.





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  • jungalee43
    09-28 12:39 PM
    I am not US citizen and who becomes president or who the American people vote for is none of my business.
    But I can't resist writing here because it is going to affect my life in a great way.
    Sen. Obama's appeal of change is definitely attractive. But would he walk the talk?
    He mentioned American values in the debate. All of us i.e. the EB immigrants came here on the invitation of American Employers to help American corporations and economy. I came here little over 8 years ago, not only on the invitation but on the insistence of the American employers. I paid taxes from day 1 and followed every law in letter and spirit.
    My then colleagues, who were not invited, stayed back in India and have become Vice Presidents and Presidents of the companies. And they earn equal or more than what I earn here and have exactly same or better life style as I do, including the cars that I drive here. But I am stuck with the same job description and title that was assigned to me 8 years ago and all my retirement money in now with US government and none in India.
    Then I've realized that once the EB immigrants, invited by the American employers, enter the GC loop, they are chosen by US immigration system to discriminate on the basis of their country of birth. People born in Timbuktu clear all the three stages of green card in 5 to 15 months. But for people born in India, this journey is simply put, 'endless'. I am myself in the last stage of green card for last five years for the only reason that I was born in India.
    If Sen. Obama is really going to bring change, he’ll have to answer these core issues in the immigration system. What is broken is the respect for US values that he talked about. There is discrimination built in the system. There is no fairness, no equality and most of all no justice.
    And if his fellow Sen. Durbin calls the shots in next senate then it is all over for us and may be for American employers also. If I am asked to write 100 reasons why CIR2007 failed, I would write Durbin-Grassley provisions on EB immigration from no.1 through 50. That would be followed by the disastrous points based system from position 51 through 75. (My former boss, a great maintenance manager in a huge company in India migrated to Australia under points based system. The last I heard of him was that he was a taxi driver at Sidney airport.)
    If a scenario happens where Sen. Durbin calls shots in senate, Sen. Obama would be turning back on his promise of change. To bring change he may have to take the current senate democratic leadership head on. His best chances are with Republican Senate and Democratic House.
    I am really really worried but still I wish all the very best to Sen. Obama.





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  • akred
    04-07 01:35 PM
    Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.

    What are you talking about?

    I am talking about using a different standard for defining R&D. A standard similar to the one used for determining the R&D tax credit. A whole lot of companies other than pure research institutes are eligible for R&D tax credits. And there appears to be broad support for such a definition of R&D.

    http://www.nam.org/s_nam/sec.asp?CID=514&DID=512
    http://www.ieeeusa.org/policy/positions/researchcredit.html



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  • EndlessWait
    07-14 09:24 PM
    for those who were eligible to file in EB2, its even more painful...

    There are just too many cases in the Eb3 pipeline, unless USCIS/govt. does something about it..





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  • immique
    07-14 10:10 PM
    why did you not sue your employer saying that he improperly filed the petition in EB3. you should have done it long time back and you can still do it. If you do not want to do it, you should have switched employers and refiled in EB2 with a different employer. personally I do not prefer to work for any such employer who does not understand the true value of your skills. such isolated experiences are not a justification for circumventing EB preference laws.

    Why do you write 'I know this mess is depressing for EB3 folks' ?
    Is IV not with Eb3 folks? Or are they not important.

    Let me clear somethings.
    Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.

    What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
    Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.

    So, why would you not fight for us?

    If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?

    Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.



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  • validIV
    06-26 10:32 AM
    I have only one sentence to say ..watch the movie "pacific heights" ..I was watching it now and that is a perfect movie for those who intend to rent their homes.

    LOL. Why dont you throw in Armageddon, Knowing and Deep Impact. Those are also valid points since thats what can happen to the earth tommorow or the day after.

    Investment carries risk. Anyone who tells you otherwise is lying. I have lost money on other investments before, but that is what makes u grow smarter. You fall and you get back up and you know better the next time round.

    If you spend the rest of your life renting, the risk is 100%�you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.





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

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



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  • VivekAhuja
    09-29 01:50 PM
    All democratic party candidates and supporters MUST BE rejected and voted out from all elections - Prez, state and local elections. These people are socialist uneducated fools. All they want to do it take your money and distribute it to the illegal aliens as WIC coupons, food coupons, free health, free schools, free tution and the list goes on. Let's elect the republicans!!
    I give a damn who the candidates are - remember, a president only signs a bill into law or vetos it, he has no other power.





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  • GCBatman
    01-06 12:42 PM
    Discussion of non EB related issues should be stopped.
    This form should be used for employment related immigration issues, end of discussion.
    I have given you green for it.

    I think we discuss these kind of news in IV. Don't you know that?



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  • StuckInTheMuck
    08-11 04:40 PM
    hey, this happened right in front of eyes!! I can NEVER EVER forget it!!

    My colleague was getting laid off in a month, so she was trying to find a project elsewhere. She was sitting a few yards away from me when she got a call for an interview. And I saw her coming towards me with a total white face (if there is an expression like this).

    I asked her what happened..

    She said "How can they do that?"
    "This is not good."
    "Don't they know how to talk to a woman?"

    I asked "what happened"

    she said, "might be a prank call, but I'll talk to my employer about it."

    Her next sentence had me rolling over the floor for the next hour.

    She said "After asking some technical questions, they wanted to ask some general ones"
    and he asked "why is a manhole round?"

    She LITERALLY had no meaning for manhole (gutter/sewerage can). And you can imagine her embarassement when I told her!
    While your lady colleague's embarrassment after learning the meaning of "manhole" is understandable, apparently the gender slant of this word was so bothersome that the city of Sacramento had to officially rename it "maintenance hole" in 1990 (thereby retaining the same initials MH on the city's utility maps) :)





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  • hopefulgc
    07-13 09:56 PM
    eligibility comes for having gained the requisite experience in another job.. not the current one.


    One of the qualifying criteria for EB2 is 5 years of experience. Right????

    If your I-485 application is stuck since July 2003 or prior, you are automatically EB2 by that rule. Are you not? You have been working for 5 years atleast.

    The revised rule should be

    EB2 eligibile = Anybody with experience on labor > 5 years (this would not impact current EB2 folks) or whose labor is older than 5 years (this will make EB3 folks happier).

    Peace.



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  • Rinku
    05-15 02:19 AM
    hey guys,

    M new to this. I have applied for a H1 B this year ....i went thru the pdf on bill S 1035 ...& it states the following:

    Section 2(e) Prohibition of Outplacement
    1. Employer cannot place, outsource, lease, or otherwise contract for the
    placement of an employee on H-1B. (This prohibits any consulting work for
    an employee on H-1B).
    2. This applies to all the application filed after the enactment of this bill.

    Does it mean that all existing consulting work will also be in danger?? M a bit confused as point 2 states that it will be for all applications after the enactment of the bill. Does that affect H1-b holders frm this year itself??





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  • vdlrao
    07-14 11:02 AM
    EB2 dates may be unavailable/ dont move. But it is just for a very short span of time. And after that EB2 dates start moving quickly again. I presume by 2009 october, the EB2 India PD will close to 2008. Any retrogression, if there is, in EB2 will be very mild from now on because of the spillovers.

    Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.

    Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.


    I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.


    This EB2 movement of 2 and half years is just a first step by DOS.



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  • srikondoji
    09-26 03:05 PM
    We should talk to the campaign officials of both Obama and John McCain. We should clearly articulate our case and lead this effort more vigorously with whoever that wins the election.

    Here is my Point if we educated legal immigrant community support Barack or John ( though its a virtual support because we are not eligible to vote:))

    If Barack doesn't win this 08 election economy is going to go further down , unemployment rates will spike , DOW will further nose dive , more banks will be bankrupt ( today morning WAMU broke 9/26/08) and there will be NO EMPLOYMENT BASED REFORM in such a Turbulent Job Market Situation.

    Anti Immigrant Groups will scorch the phone lines and will probably gather support from neutral peoples as well and scuttle any EB REFORM if the economy is bad. Their point is Americans are Jobless and you are giving Permanent Job Permit to Foreigners and any one will buy it - how much we SCREAM and SHOUT that we already have a Job, you know !

    Now tell me if you want to support Barack Obama OR John McCain - take it EZ





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  • hiralal
    06-08 09:34 PM
    There you go - "inflation"! This is another reason why investing in a house makes so much sense (iff your gc/job etc are sorted out).

    Let's say you buy a house today for $300,000, and you're paying $2,000 towards your monthly mortgage. Even if you don't build too much equity on it because of the falling real estate, you will STILL come out better because inflation will make sure that your monthly payments of $2,000 in 2019 will really become $1,500 in today's money.

    But if you continue to rent, you will pay let's say $2,000 today in rent, and 10 years from now you'll be paying $2,500, and you don't have a home to call your own!!!

    During times of inflation, commodities, home, etc are the winners. you are partly correct in my view ....but to buy when prices are falling is a sure shot loser ...
    even if prices are stable or lower than the rate of inflation ..you will be losing money on the cost of the house ( 300K + for many homebuyers ..since you pay interest on the cost of the house)..for home buying to be a good investment, it needs to appreciate more than the rate of inflation (that seems years away from now)

    for e.g the person above who put in almost 80K in down payment ..
    1) if that downpayment was invested in better way ..then he could easily get 10% returns (u need to do some homework though) ...that means around 600 - 700 per month.
    so his effective rent is around 1200 per month.
    2) 5 years from now, rent may still be the same (or lower) ... it depends a lot on supply and demand on rental units too
    in majority of cases, we end up buying a house further away from our work ..that means additional 300 - 400 in gas and vehicle wear/tear per month.
    add property taxes, HOA fees, extra utilities, mntc, realtor fees, termite, lawn maintenance, long term prospects of USA, immobility (additional 800 - 1500 dollars) etc etc and you can easily say that home buying / investment in real estate is not a good bet (in USA atleast).
    if you are on temporary status - then add extra $200 - 300 risk premium per month as invisible risk cost (for risks plus extra headaches )
    so home buying should be more of lifestyle choice and not an investment point of view (in countries like India, singapore it is different since demand will always be strong for a long long time).



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  • krishnam70
    03-26 07:10 PM
    The attachment upload fails for me as well but goddamn UN, you are unbelievable.

    1. Your knowledge of the specifics and technicalities and access to information is very impressive

    2. And you go out of your way to share it with others

    That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.

    Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?

    That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?

    your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.

    - cheers
    kris





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  • CreatedToday
    01-06 05:55 PM
    Checkpoints? What do you expect Israel to do?

    Given a chance, they strap a bomb in their waist and rush to Israel!!

    India has legitimate reason to attack pakistan ...

    But Palestine is not like that. They are fighting for their right. Have you ever seen or heard about how people in palestin live their day to day life? How many check points they have to cross before crossing a mile? How much time they spend waiting on each crossing?

    ...
    We have seen Isreals brutal aggression year after year. Killing civilians and kids year after year. I don't know how much more blood they need??





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  • xyzgc
    12-17 04:27 PM
    I told you guys.. This site name should HIV-Hindu Immigration Voice. Now

    Its IV not HIV. It means indian voice and international voice and immigration voice.
    The international community has denounced Pakistani terrorism. Not just Hindus





    Refugee_New
    01-06 12:45 PM
    Discussion of non EB related issues should be stopped.
    This form should be used for employment related immigration issues, end of discussion.
    I have given you green for it.

    Why do you want to end this discussion? Are you scared of speaking the truth or you don't care the killing of innocent school kids?





    thepaew
    09-29 04:58 PM
    I am an Electrical Engineer by training and I manage and lead an R&D group at an American semiconductor company. We design computer-chips that enable about 50% of the world's cellular phones.

    I will definitely be moving out of the US when the Dems get elected as I do not think that they are capable of making the politically tough but necessary decisions on immigration. They are beholden to too many populist groups and will make the immigration issue a class-based fight. I've had enough of paying taxes, creating $$ & jobs for US-based companies - I've been waiting since 1999.

    I am of course thankful to the US taxpayer who has paid for my graduate school tuition and board, to the US-companies that have given me opportunities that are equal to native-born Americans, and to my American friends for their friendship and hospitality. But prudence demands that I hedge my bets and I will have to relocate to friendlier shores.

    Thought I'd share my experience. Good Luck to All.

    By the next Presidential Election I will have mostly gotten my green card. I know I won't be eligible to vote then, but I will still be eligible to donate to the election campaigns. I have decided right now that whatever may happen I will donate to that party which makes my journey to the green card easier and faster.

    I also have a plan B if I don't get my green card in next 24 months. I am a chemical engineer by education and profession with a US graduate degree in chemical engineering and more than 7 years of work experience in a premium organization in the oil, gas & chemicals industry. Everyone is more than aware how good the oil, gas & chemicals industry is doing worldwide. I very well know that I am a hot commodity in the job market in the whole world. Those who have traveled on Singapore Airlines must have seen advertisements in the Singapore airport displaying that oil and gas is their largest (next to Singapore Airlines) revenue making industry and they need qualified and experienced personnel. Job advertisements in the airport? Wow! Think why Alberta is the hottest place these days. I got an invitation from Canadian Government to apply for Canadian green card, citing my occupation. Australian Government has declared Chemical Engineering as the occupation with the highest demand in Australia due to their conventional mining and metals business and now the newly found gas reserves in north and west parts of that continent. This is my plan B. I have already secured an Australian Permanent Residency and that too in 6 months time. Hats off to the highly efficient immigration department of the Australian Government. In addition I already have 3 job offers there - one each in Brisbane, Melbourne and Perth.

    I have 2 burning innovative ideas in my mind - one related to biogas and carbon credits and the other related to water desalination. I have kept both of them on hold right now until I get the US green card. I know I will work on them but not sure which country gets the benefit - USA or Australia.

    Then why am I sticking around here in the US? 1. I have a US graduate degree, 2. Both my daughters are born here and are US citizens and 3. I can't deny that I have started to put down my roots here. 24 more months and will not hesitate to quit USA and settle in Australia. It will be tough, but can't help it being forced to do it.

    P.S. Two of my friends with similar background as mine, have left for Australia for good in August this year. They have settled in Sydney. Another acquaintance with occupation related to oil & gas, has migrated to Perth.



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