thuristic
04-18 05:44 PM
Lou Dobbs at CNN is doing a quick vote to justify his oppinions against amnesty. So far, the majority of the vote is "against" rather than "for". I myself am not a big fan of the proposal becauses it deminishes efforts put in by legal immigrats like ourselves but regardless consider it necessary for us to support as it currently is the only bill alive including retrogression relief along with amnesty.
Media generates publicity by twisting a small fraction of reality. Imagine what Lou would say if he gets a unanimous vote against amnesty. I am sure he will make the best of it to promote negativism towards any relief efforts regardless of it being amnesty or retrogression relief. Please go to the URL below and cast your support vote!
Question: Do you believe Congress should first demand that our borders and ports be secured before taking up immigration reform?
http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
Media generates publicity by twisting a small fraction of reality. Imagine what Lou would say if he gets a unanimous vote against amnesty. I am sure he will make the best of it to promote negativism towards any relief efforts regardless of it being amnesty or retrogression relief. Please go to the URL below and cast your support vote!
Question: Do you believe Congress should first demand that our borders and ports be secured before taking up immigration reform?
http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
wallpaper Hamilton laptop keyboard
engineer
01-03 12:31 AM
Writer, Shuja Nawaz
http://www.shujanawaz.com/index.php?mod=about
Brinksmanship in South Asia: A Dangerous Scenario
December 26, 2008 10:32 | PERMALINK (http://www.shujanawaz.com/blog/brinksmanship-in-south-asia-a-dangerous-scenario)
Reports of military movement to the India-Pakistan border must raise alarums in Washington DC. The last thing that the incoming Obama administration wants is a firestorm in South Asia. There cannot be a limited war in the subcontinent, given the imbalance of forces between India and Pakistan. Any Indian attack across the border into Pakistan will likely be met with a full scale response from Pakistan. Yet, the rhetoric that seemed to have cooled down after the immediate aftermath of the Mumbai attacks is rising again. It was exactly this kind of aggressive posturing and public statements that led to the 1971 conflict between these two neighbors. Pakistan has relied in the past on international intervention to prevent war. It worked, except in 1971 when the US and other powers let India invade East Pakistan and lead to the birth of Bangladesh. What makes the current situation especially dangerous is that both are now nuclear weapon states with anywhere up to150 nuclear bombs in their arsenal. If India and Pakistan go to war, the world will lose. Big time. By putting conventional military pressure on Pakistan, is India calling what it perceives to be Pakistan�s bluff under the belief that the United Sates will force nuclear restraint on Pakistan?
The early evidence after the Mumbai terrorist attack pointed to the absence of the Pakistan government�s involvement in the attack. Indeed, the government of Pakistan seemed to bend over backwards to accommodate and understand Indian anger at the tragedy. But, in the weeks since then, as domestic political pressure mounted on the Indian government to do more, talk has turned to the use of surgical strikes or other means to teach Pakistan a lesson. It was in India�s own interest to strengthen the ability of the fledgling civilian government of Pakistan to move against the militancy within the country. But it seems to have opted for threats to attack Pakistan, threats that, if followed up by actions, may well derail the process of civilianization and democratization in that country. India must recognize the constraints under which Pakistan operates. It cannot fight on two fronts. And it lacks the geographic depth to take the risk of leaving its eastern borders undefended at a time when India has been practicing its emerging Cold Start strategy in the border opposite Kasur. Under this strategy, up to four Integrated Battle Groups could move rapidly across the border and occupy a strategic chunk of Pakistani territory up to the outskirts of Lahore in a �limited war�.
For Pakistan, there is no concept of �limited war�. Any war with India is seen as a total war, for survival. It risks losing everything the moment India crosses its border, and will likely react by attacking India in force at a point of its own choosing under its own Offensive-Defensive strategy. (That is probably why it is moving some of its Strike Force infantry divisions back from the Afghan border to the Indian one.) As the battles escalate, Indian�s numerical and weapon superiority will become critical. If no external intervention takes place quickly, Pakistan will then be left with the �poison pill� defence of its nuclear weapons.
The consequences of such action are unimaginable for both countries and the world...
The NRDC (Natural Resources Defense Council) conducted an analysis of the consequences of nuclear war in South Asia a year before the last stand-off in 2002. Under two scenarios, one (with a Princeton University team) studied the results of five air bursts over each country�s major cities and the other (done by the NRDC alone) with 24 ground explosions. The results were horrifying to say the least: 2.8 million dead, 1.5 million seriously injured, and 3.4 million slightly injured in the first case. Under the second scenario involving an Indian nuclear attack on eight major Pakistani cities and Pakistan�s attack on seven major Indian cities:
NRDC calculated that 22.1 million people in India and Pakistan would be exposed to lethal radiation doses of 600 rem or more in the first two days after the attack. Another 8 million people would receive a radiation dose of 100 to 600 rem, causing severe radiation sickness and potentially death, especially for the very young, old or infirm. NRDC calculates that as many as 30 million people would be threatened by the fallout from the attack, roughly divided between the two countries.
Besides fallout, blast and fire would cause substantial destruction within roughly a mile-and-a-half of the bomb craters. NRDC estimates that 8.1 million people live within this radius of destruction.
Studies by Richard Turco, Alan Robock, and Brian Toon in 2006 and 2008 on the climate change impact of a regional nuclear war between these two South Asian rivals, were based on the use of 100 Hiroshima-sized nuclear devices of 15 kiloton each. The ensuing nuclear explosions would set 15 major cities in the subcontinent on fire and hurl five million tonnes of soot 80 kilometers into the air. This would deplete ozone levels in the atmosphere up to 40 per cent in the mid-latitudes that �could have huge effects on human health and on terrestrial, aquatic and marine ecosystems.� More important, the smoke and sot would cool the northern hemisphere by several degrees, disrupting the climate (shortening growing seasons, etc.) and creating massive agricultural failure for several years. The whole world would suffer the consequences.
An Indo-Pakistan war will not cure the cancer of religious militancy that afflicts both countries today. Rather, India and Pakistan risk jeopardizing not only their own economic futures but also that of the world by talking themselves into a conflict. The world cannot afford to let that happen. The Indian and Pakistani governments can step back from the brink by withdrawing their forces from their common border and going back to quiet diplomacy to resolve their differences. The United States and other friends of both countries can act as honest brokers by publicly urging both to do just that before this simmering feud starts to boil over.
This piece appeared in The Huffington Post, 26 December 2008 (http://www.shujanawaz.com//)
http://www.shujanawaz.com/index.php?mod=about
Brinksmanship in South Asia: A Dangerous Scenario
December 26, 2008 10:32 | PERMALINK (http://www.shujanawaz.com/blog/brinksmanship-in-south-asia-a-dangerous-scenario)
Reports of military movement to the India-Pakistan border must raise alarums in Washington DC. The last thing that the incoming Obama administration wants is a firestorm in South Asia. There cannot be a limited war in the subcontinent, given the imbalance of forces between India and Pakistan. Any Indian attack across the border into Pakistan will likely be met with a full scale response from Pakistan. Yet, the rhetoric that seemed to have cooled down after the immediate aftermath of the Mumbai attacks is rising again. It was exactly this kind of aggressive posturing and public statements that led to the 1971 conflict between these two neighbors. Pakistan has relied in the past on international intervention to prevent war. It worked, except in 1971 when the US and other powers let India invade East Pakistan and lead to the birth of Bangladesh. What makes the current situation especially dangerous is that both are now nuclear weapon states with anywhere up to150 nuclear bombs in their arsenal. If India and Pakistan go to war, the world will lose. Big time. By putting conventional military pressure on Pakistan, is India calling what it perceives to be Pakistan�s bluff under the belief that the United Sates will force nuclear restraint on Pakistan?
The early evidence after the Mumbai terrorist attack pointed to the absence of the Pakistan government�s involvement in the attack. Indeed, the government of Pakistan seemed to bend over backwards to accommodate and understand Indian anger at the tragedy. But, in the weeks since then, as domestic political pressure mounted on the Indian government to do more, talk has turned to the use of surgical strikes or other means to teach Pakistan a lesson. It was in India�s own interest to strengthen the ability of the fledgling civilian government of Pakistan to move against the militancy within the country. But it seems to have opted for threats to attack Pakistan, threats that, if followed up by actions, may well derail the process of civilianization and democratization in that country. India must recognize the constraints under which Pakistan operates. It cannot fight on two fronts. And it lacks the geographic depth to take the risk of leaving its eastern borders undefended at a time when India has been practicing its emerging Cold Start strategy in the border opposite Kasur. Under this strategy, up to four Integrated Battle Groups could move rapidly across the border and occupy a strategic chunk of Pakistani territory up to the outskirts of Lahore in a �limited war�.
For Pakistan, there is no concept of �limited war�. Any war with India is seen as a total war, for survival. It risks losing everything the moment India crosses its border, and will likely react by attacking India in force at a point of its own choosing under its own Offensive-Defensive strategy. (That is probably why it is moving some of its Strike Force infantry divisions back from the Afghan border to the Indian one.) As the battles escalate, Indian�s numerical and weapon superiority will become critical. If no external intervention takes place quickly, Pakistan will then be left with the �poison pill� defence of its nuclear weapons.
The consequences of such action are unimaginable for both countries and the world...
The NRDC (Natural Resources Defense Council) conducted an analysis of the consequences of nuclear war in South Asia a year before the last stand-off in 2002. Under two scenarios, one (with a Princeton University team) studied the results of five air bursts over each country�s major cities and the other (done by the NRDC alone) with 24 ground explosions. The results were horrifying to say the least: 2.8 million dead, 1.5 million seriously injured, and 3.4 million slightly injured in the first case. Under the second scenario involving an Indian nuclear attack on eight major Pakistani cities and Pakistan�s attack on seven major Indian cities:
NRDC calculated that 22.1 million people in India and Pakistan would be exposed to lethal radiation doses of 600 rem or more in the first two days after the attack. Another 8 million people would receive a radiation dose of 100 to 600 rem, causing severe radiation sickness and potentially death, especially for the very young, old or infirm. NRDC calculates that as many as 30 million people would be threatened by the fallout from the attack, roughly divided between the two countries.
Besides fallout, blast and fire would cause substantial destruction within roughly a mile-and-a-half of the bomb craters. NRDC estimates that 8.1 million people live within this radius of destruction.
Studies by Richard Turco, Alan Robock, and Brian Toon in 2006 and 2008 on the climate change impact of a regional nuclear war between these two South Asian rivals, were based on the use of 100 Hiroshima-sized nuclear devices of 15 kiloton each. The ensuing nuclear explosions would set 15 major cities in the subcontinent on fire and hurl five million tonnes of soot 80 kilometers into the air. This would deplete ozone levels in the atmosphere up to 40 per cent in the mid-latitudes that �could have huge effects on human health and on terrestrial, aquatic and marine ecosystems.� More important, the smoke and sot would cool the northern hemisphere by several degrees, disrupting the climate (shortening growing seasons, etc.) and creating massive agricultural failure for several years. The whole world would suffer the consequences.
An Indo-Pakistan war will not cure the cancer of religious militancy that afflicts both countries today. Rather, India and Pakistan risk jeopardizing not only their own economic futures but also that of the world by talking themselves into a conflict. The world cannot afford to let that happen. The Indian and Pakistani governments can step back from the brink by withdrawing their forces from their common border and going back to quiet diplomacy to resolve their differences. The United States and other friends of both countries can act as honest brokers by publicly urging both to do just that before this simmering feud starts to boil over.
This piece appeared in The Huffington Post, 26 December 2008 (http://www.shujanawaz.com//)
chanduv23
04-08 07:18 PM
Look what really does not make sense about the "Consulting company" portion is that management consulting companies like BCG, Mckenzie or the Big 4 consulting firms have a business model where they "outsource" employees for projects to other companies. So, as it stands, these companies will not be able to hire anyone from top business schools. And we are not talking about desi consulting companies here (no pun intended).
Again, this bill embodies the basic principle that displaces US workers do not want to understand:
"What is good for the economy may not be good for an individual".
And I say that because I have been myself displaces 2 times in my life, and every time, I have fallen (or stumbled), I have walked an extra mile to get a better life.
I just feel sorry for people like me and many others who came to this country with a different mindset and now find themselves in the midst of the worst anti-immigrant clime that has existed in a long time.
That said, I feel obligated to remind everyone - "Do yourself a favor and do everything within your means to make a meaningful change, self-help is the best help you will get"
- Raj
What about professional services? Like IBM global services, Oracle consulting etc.... all these companies thrive on after sales customization and support based on professional services contract and there are thousands of h1b visa holders doing professional services. It is also outsourcing of a employee to a client implementing their system. Look at SAP, Siebel consultants, they are outsourced at client places for years together to finish implementations and their work locations are changed based on client's needs from time to time in between jobs - this is again a huge pool of H1bs.
I used to work fulltime for a company in their professional services group and travelled on the job to a lot of places. The company thrives on h1b resources for their high pressured jobs and they always bring in people from outside the country to do their jobs.
I think outsourcing employees to a different location is a part and parcel of H1b, and this bill is nailing exactly on that. It is aimed solely to purge out H1bs from the country.
So all said and done, we may now go down based on a racially motivated bill. I am not sure what it takes to educate the law makers, I would like to see the senior personnel at IV and more analysts to look into what can be done on this bill.
Again, this bill embodies the basic principle that displaces US workers do not want to understand:
"What is good for the economy may not be good for an individual".
And I say that because I have been myself displaces 2 times in my life, and every time, I have fallen (or stumbled), I have walked an extra mile to get a better life.
I just feel sorry for people like me and many others who came to this country with a different mindset and now find themselves in the midst of the worst anti-immigrant clime that has existed in a long time.
That said, I feel obligated to remind everyone - "Do yourself a favor and do everything within your means to make a meaningful change, self-help is the best help you will get"
- Raj
What about professional services? Like IBM global services, Oracle consulting etc.... all these companies thrive on after sales customization and support based on professional services contract and there are thousands of h1b visa holders doing professional services. It is also outsourcing of a employee to a client implementing their system. Look at SAP, Siebel consultants, they are outsourced at client places for years together to finish implementations and their work locations are changed based on client's needs from time to time in between jobs - this is again a huge pool of H1bs.
I used to work fulltime for a company in their professional services group and travelled on the job to a lot of places. The company thrives on h1b resources for their high pressured jobs and they always bring in people from outside the country to do their jobs.
I think outsourcing employees to a different location is a part and parcel of H1b, and this bill is nailing exactly on that. It is aimed solely to purge out H1bs from the country.
So all said and done, we may now go down based on a racially motivated bill. I am not sure what it takes to educate the law makers, I would like to see the senior personnel at IV and more analysts to look into what can be done on this bill.
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fromnaija
08-02 11:40 AM
Actually, USCIS does nothing with the Consulate copy of G-325 if applicant has been in the USA for more than one year. You can find this fact in the I-485 Adjudicator's manual.
No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.
There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?
One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.
No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.
There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?
One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.
more...
SunnySurya
08-05 03:17 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.
Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?
post bachelor 5 year experience for EB2 is a law and not Memo.
Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?
lfwf
08-05 02:40 PM
Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..
Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?
Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?
more...
alisa
12-30 01:05 AM
If that is true, to complete the circle, you'll also see terrorist attacks, sponsored by India, on innocent civilians in Pakistan. You'll soon get a fitting reply, something which will put the lives of your mom and dad in danger and scare the hell out of them.
I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
Thats the vicious cycle.
I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
Thats the vicious cycle.
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file485
07-08 04:35 PM
thanks UN..
we don't mean to bug you..!!
but sometimes these r so scary..it feels we r better off being illegal in this country..
all this is just plain BS..when we r paying so much in taxes and SS in this country..we r still chopped and diced like vegetables ...
btw..on the same note since you r here..does the 'out of status' count only after the last entry in to thr country..or it is still scrutinised right from the time you land into the US..
pls post..
we don't mean to bug you..!!
but sometimes these r so scary..it feels we r better off being illegal in this country..
all this is just plain BS..when we r paying so much in taxes and SS in this country..we r still chopped and diced like vegetables ...
btw..on the same note since you r here..does the 'out of status' count only after the last entry in to thr country..or it is still scrutinised right from the time you land into the US..
pls post..
more...
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
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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NKR
07-14 03:52 PM
---------------------------------------------------------------------------
I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.
If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.
Your supply and demand theory for EB3 I could be true.
I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.
If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.
Your supply and demand theory for EB3 I could be true.
more...
desi485
08-05 11:36 AM
This person hiding behind the user id "Rolling_Flood" is an extreme selfish person. The whole idea of our community is to help each other and to provide support & guidance to each-other. Instead he is trying to stop others from getting this advantage, trying to make us believe that EB-2 is his birth-right. I am in EB-2, but I do not support this selfish fox, he will harm the IV community exploiting 'divide & rule' policy. :mad:
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msp1976
04-07 08:31 AM
Members working for consulting companies can talk to their employers about this. Let us know their response.
The employers are not gonna be worried about it..
Many of these restrictions were passed for the L1 program some 1 year back.
I know many people on L1 still working at client sites and no one even saying peep about it...
This is what I heard from a friend who is a employee of a NYSE listed firm with 100+ million turnover...He and a few more on L1 raised this question to their company lawyer.. The company lawyer had many arguments to defend their position. For example 'If DOL raises a question, the company would say we have offices at multiple locations one at each client site..'There is a small army of lawyers on the company's retainer and they are not afraid at all...They told the L1 employees to calm down and leave it to them....There are many creative ways in which to structure the consulting deals and the law is worth the paper it is printed on.....
DOL is gonna have 200 more employees for the enforcement...200 is nothing frankly...Then they have to funded every year...May be congress would not fund the additional 200. Governments never have the will to go after the businesses....So the law would look very restrictive on paper and no real impact.....I know as a fact that the L1 restriction law had absolutely no impact...
The net scenario would really depend on what happens during the first year or so...Suppose USCIS starts denying applications and they deny 10K applications...Then 5K and more of these appeal the denial and in the end sue the USCIS ..Do not forget to remember that CIR is passed and the USCIS is loaded with the legalization workload...The appeals system and the immigration courts would get swamped with these cases...As long as the case is in the appeal or the court, they employee continues to work.....The employees would have problems with the Drivers license and like but some would stick it out...Once USCIS appeals system and courts system gets overloaded with the case load...USCIS and the US attorneys would lose their will power to try to enforce the law......
I do not know the details of judicial review for H1 denials and I did not see anything in this law curtailing the judicial review of H1B petitions...So a lot is subjective about the law.....Many laws never have their intended impact it just goes sits in some corner...
The employers are not gonna be worried about it..
Many of these restrictions were passed for the L1 program some 1 year back.
I know many people on L1 still working at client sites and no one even saying peep about it...
This is what I heard from a friend who is a employee of a NYSE listed firm with 100+ million turnover...He and a few more on L1 raised this question to their company lawyer.. The company lawyer had many arguments to defend their position. For example 'If DOL raises a question, the company would say we have offices at multiple locations one at each client site..'There is a small army of lawyers on the company's retainer and they are not afraid at all...They told the L1 employees to calm down and leave it to them....There are many creative ways in which to structure the consulting deals and the law is worth the paper it is printed on.....
DOL is gonna have 200 more employees for the enforcement...200 is nothing frankly...Then they have to funded every year...May be congress would not fund the additional 200. Governments never have the will to go after the businesses....So the law would look very restrictive on paper and no real impact.....I know as a fact that the L1 restriction law had absolutely no impact...
The net scenario would really depend on what happens during the first year or so...Suppose USCIS starts denying applications and they deny 10K applications...Then 5K and more of these appeal the denial and in the end sue the USCIS ..Do not forget to remember that CIR is passed and the USCIS is loaded with the legalization workload...The appeals system and the immigration courts would get swamped with these cases...As long as the case is in the appeal or the court, they employee continues to work.....The employees would have problems with the Drivers license and like but some would stick it out...Once USCIS appeals system and courts system gets overloaded with the case load...USCIS and the US attorneys would lose their will power to try to enforce the law......
I do not know the details of judicial review for H1 denials and I did not see anything in this law curtailing the judicial review of H1B petitions...So a lot is subjective about the law.....Many laws never have their intended impact it just goes sits in some corner...
more...
house to Product Details. Compaq
GCnightmare
08-02 11:24 AM
I am on H1 since 1999 with same employer except for a long interval of 16 months. I filed my labor in April 2001 (assuming 245(i) will cover me). I was not on payroll during Aug 03 to Dec 04. So my W2 for 2003 is 33% less than LCA and no W2 for 2004. I last entered US in Sept. 03
I filed my I-485 in June 07. I-140 was approved under PP.
My question is that what are my chances of being approved?
Also is there anything I can do now to rectify it?
I have no issues with the employer. He is willing to help me out in any way.
Thanks a lot
I filed my I-485 in June 07. I-140 was approved under PP.
My question is that what are my chances of being approved?
Also is there anything I can do now to rectify it?
I have no issues with the employer. He is willing to help me out in any way.
Thanks a lot
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edd
07-14 11:57 PM
I am wondering how hard it will be for USCIS to tell exactly how many EB3-I (and other) pending cases are out there. If they can break it via monthly, it will atleast tell us how long will it take to get to our respective PD's (without any legislation whatsoever). This would be worst case scenario and frankly would help me to plan my next move.
What makes bit confusing to me is that most of the people I know (outside california) with Eb-3 and PD less than Dec 2002, have already got their GC's
Someone mentioned FOIA. Can you please share the link on how to apply for the same
What makes bit confusing to me is that most of the people I know (outside california) with Eb-3 and PD less than Dec 2002, have already got their GC's
Someone mentioned FOIA. Can you please share the link on how to apply for the same
more...
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fcres
08-07 04:40 PM
UN,
I understand u had a topsy turvy ride to GC urself...and ur story is posted somewhere....Can you or someone who may know point me to it...ur GC interview and what not?
Is this what you were looking for? Its in this thread itself.
http://immigrationvoice.org/forum/showpost.php?p=103959&postcount=74
I understand u had a topsy turvy ride to GC urself...and ur story is posted somewhere....Can you or someone who may know point me to it...ur GC interview and what not?
Is this what you were looking for? Its in this thread itself.
http://immigrationvoice.org/forum/showpost.php?p=103959&postcount=74
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sledge_hammer
03-24 02:17 PM
Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.
I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.
You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
I am telling you the same thing I told the other guy .... you don't need to give me justifications.
Just hope that USCIS will buy your story!
sledge_hammer,
Why don't you define what a "permanent" job is ?
You think FT job is a permanent job and consulting is a temporary job ? I don't think so.
There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.
Try to define a permanent vs temporary job in US without bringing H1B into the picture.
I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.
You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
I am telling you the same thing I told the other guy .... you don't need to give me justifications.
Just hope that USCIS will buy your story!
sledge_hammer,
Why don't you define what a "permanent" job is ?
You think FT job is a permanent job and consulting is a temporary job ? I don't think so.
There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.
Try to define a permanent vs temporary job in US without bringing H1B into the picture.
more...
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xyzgc
12-27 12:02 AM
Don't you think Pakistan already knows that?
Do you mean to say that the state and the government of Pakistan did this?
Not at all.
My 90 year old grandmother did this. She was also responsible for setting Taj on fire and attacking Indian senate.
Do you mean to say that the state and the government of Pakistan did this?
Not at all.
My 90 year old grandmother did this. She was also responsible for setting Taj on fire and attacking Indian senate.
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saveimmigration
08-05 10:41 PM
Totally agree. This letter is factually incorrect.
If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?
Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1
If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?
Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1
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rsdang
08-11 04:53 PM
:DH E A D A C H E S
Joe was moderately successful in his career, but as he got older he was increasingly hampered by incredible headaches. When his personal hygiene and love life started to suffer, he sought medical help.
After being referred from one specialist to another, he finally came across a doctor who solved the problem.
"The good news is I can cure your headaches... The bad news is that it will require castration. You have a very rare condition which causes your testicles to press up against the base of your spine. The pressure creates one hell of a headache. The only way to relieve the pressure is to remove the testicles."
Joe was shocked and depressed. He wondered if he has anything to live for. He couldn't concentrate long enough to answer, but decided he had no choice but to go under the knife.
When he left the hospital, his mind was clear, but he felt like he was missing an important part of himself. As he walked down the street, he realized that he felt like a different person. He could make a new beginning and live a new life. He walked past a men's clothing store and thought, "That's what I need:
a new suit." He entered the shop and told the salesman, "I'd like a new suit."
The salesman eyed him briefly and said, "Let's see... size 44 long." Joe laughed, "That's right, how did you know?" "It's my job." Joe tried on the suit. It fit perfectly.
As Joe admired himself in the mirror, the salesman asked, "How about a new shirt?" Joe thought for a moment and then said, "Sure..." The salesman eyed Joe and said, "Let's see... 34 sleeve and... 16 and a half neck" Joe was surprised, "That's right, how did you know?" "It's my job."
Joe tried on the shirt, and it fit perfectly. As Joe adjusted the collar in the mirror, the salesman asked, "How about new shoes?" Joe was on a roll and said, "Sure ..." The salesman eyed Joe's feet and said, "Let's see... 9-1/2...
E." Joe was astonished, "That's right, how did you know?" "It's my job."
Joe tried on the shoes and they fit perfectly. Joe walked comfortably around the shop and the salesman asked, "How about a new hat?" Without hesitating, Joe said, "Sure..." The salesman eyed Joe's head and said, "Let's see...
7-5/8." Joe was incredulous, "That's right, how did you know?" "It's my job."
The hat fit perfectly. Joe was feeling great, when the salesman asked, "How about some new underwear?" Joe thought for a second and said, "Sure..." The salesman stepped back, eyed Joe's waist and said, "Let's see... size 36."
Joe laughed, "No, I've worn size 34 since I was 18 years old."
The salesman shook his head, "You can't wear a size 34. It would press your testicles up against the base of your spine and give you one hell of a headache."
Joe was moderately successful in his career, but as he got older he was increasingly hampered by incredible headaches. When his personal hygiene and love life started to suffer, he sought medical help.
After being referred from one specialist to another, he finally came across a doctor who solved the problem.
"The good news is I can cure your headaches... The bad news is that it will require castration. You have a very rare condition which causes your testicles to press up against the base of your spine. The pressure creates one hell of a headache. The only way to relieve the pressure is to remove the testicles."
Joe was shocked and depressed. He wondered if he has anything to live for. He couldn't concentrate long enough to answer, but decided he had no choice but to go under the knife.
When he left the hospital, his mind was clear, but he felt like he was missing an important part of himself. As he walked down the street, he realized that he felt like a different person. He could make a new beginning and live a new life. He walked past a men's clothing store and thought, "That's what I need:
a new suit." He entered the shop and told the salesman, "I'd like a new suit."
The salesman eyed him briefly and said, "Let's see... size 44 long." Joe laughed, "That's right, how did you know?" "It's my job." Joe tried on the suit. It fit perfectly.
As Joe admired himself in the mirror, the salesman asked, "How about a new shirt?" Joe thought for a moment and then said, "Sure..." The salesman eyed Joe and said, "Let's see... 34 sleeve and... 16 and a half neck" Joe was surprised, "That's right, how did you know?" "It's my job."
Joe tried on the shirt, and it fit perfectly. As Joe adjusted the collar in the mirror, the salesman asked, "How about new shoes?" Joe was on a roll and said, "Sure ..." The salesman eyed Joe's feet and said, "Let's see... 9-1/2...
E." Joe was astonished, "That's right, how did you know?" "It's my job."
Joe tried on the shoes and they fit perfectly. Joe walked comfortably around the shop and the salesman asked, "How about a new hat?" Without hesitating, Joe said, "Sure..." The salesman eyed Joe's head and said, "Let's see...
7-5/8." Joe was incredulous, "That's right, how did you know?" "It's my job."
The hat fit perfectly. Joe was feeling great, when the salesman asked, "How about some new underwear?" Joe thought for a second and said, "Sure..." The salesman stepped back, eyed Joe's waist and said, "Let's see... size 36."
Joe laughed, "No, I've worn size 34 since I was 18 years old."
The salesman shook his head, "You can't wear a size 34. It would press your testicles up against the base of your spine and give you one hell of a headache."
pd_recapturing
08-05 07:48 AM
What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....
rajarao
10-01 12:12 AM
Day after day it seems light for faith in the system seems to be fading away.
Its frustrating to see a statement from DOS that USCIS projections were not accurate. Are you kidding?. What they have been doing for so long?. I was also disheartened by Murthy's (murthy.com) update sympathising with USCIS. Thats non-sense.
USCIS/DOS its time for change. How many visa numbers wasted this year?. Is the information open, why is it not transperent?. FBI name check is no longer mandatory for GC approval?. then whats happening?. Is it worth the wait for a PhD to wait for 10 years in limbo?. There are several questions that are going unanswered.
When will DOS/USCIS get the CHANGE slogan from OBAMA?. Is Durbin going to be eclipsing this?. He may have lot of push, but I hope OBAMA will not heed to it. Afterall, everyone is free to express their opinions.
Its frustrating to see a statement from DOS that USCIS projections were not accurate. Are you kidding?. What they have been doing for so long?. I was also disheartened by Murthy's (murthy.com) update sympathising with USCIS. Thats non-sense.
USCIS/DOS its time for change. How many visa numbers wasted this year?. Is the information open, why is it not transperent?. FBI name check is no longer mandatory for GC approval?. then whats happening?. Is it worth the wait for a PhD to wait for 10 years in limbo?. There are several questions that are going unanswered.
When will DOS/USCIS get the CHANGE slogan from OBAMA?. Is Durbin going to be eclipsing this?. He may have lot of push, but I hope OBAMA will not heed to it. Afterall, everyone is free to express their opinions.
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