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  • xyzgc
    12-17 04:33 PM
    I'm going to give green to all the good folks on IV.





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  • gc_chahiye
    08-02 07:38 PM
    People always read what they want to read.

    Read the memo and they always mention "intent", "good faith".

    USCIS always leaves significant wiggle room for themselves when they want to deny cases.

    ouch. there is always uncertainty, all steps of this gc process :(

    thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.





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  • Macaca
    02-25 05:40 PM
    Is this book available? maybe we can get a bunch of copies and send to some editors, John Stewart/Stephen Colbert and some legislators.

    If the author is approachable, maybe an interview with him and some TV personality could be tried.

    Do a google search on Lou Dobbs H1B taxes. See how much crap comes out.

    There are some immigration article blogs that refer to statements made by Lou Dobbs. I want to respond with accurate references.





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  • unitednations
    03-26 08:04 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.



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  • gotgc?
    12-17 10:46 PM
    It is true that 99.99% of Muslims are not terrorists. But 99.99% of World's hardcore terrorists are Muslims.

    It is very true..and it is fact...why is that all terrorists are muslims...something is wrong ...muslims need to come forward....





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  • jkays94
    10-03 12:49 PM
    Its a pity when it is obvious through numerous congressional debates who the culprits are in blocking EB friendly legislation. Here we are again with the EB recapture bill and who again is blocking it? The New York times identifies them by name and nowhere does it mention Durbin. Its thus is beyond comprehension when unfounded future claims of doom, apprehension and fear are spread without the basis and contrary to facts presently before us. Instead one needs to be more concerned about the possible reelection of the two below and several of their sidekicks:

    Jeff Sessions (R)
    Steve King (R)

    A House bill that could recapture an estimated 550,000 lost visas, sponsored by Representative Zoe Lofgren, a California Democrat, has been moving slowly through the committee process despite the best efforts of members like Representative Steve King, Republican of Iowa, to sabotage it with ridiculously restrictive amendments.

    In the Senate, Robert Menendez, Democrat of New Jersey, is insisting that a visa-recapturing amendment be added to a bill reauthorizing E-Verify, the federal database program to prevent the hiring of illegal immigrants. For this, he has endured an onslaught of criticism from nativist groups and colleagues, like Jeff Sessions of Alabama. (http://www.nytimes.com/2008/10/03/opinion/03fri2.html?ex=1380772800&en=282e9836144364be&ei=5124&partner=permalink&exprod=permalink)



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  • mirage
    08-05 08:05 AM
    In your example the EB-3 guy was in the green card line before the EB-2 guy. Why on earth should he be asked to come in line after EB-2 guy if he decides to file a new one under EB-2. Why did not you wake up when Labor Substitution was going on. that was something which was utter non sense. People deciding to go for Green card in 2007 stood ahead of people from 2002 by substittuting a 2001 labor. Thank God it's gone.
    What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

    "Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

    If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

    I hope i have made my point clear? Thanks.





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  • GCOP
    07-14 10:30 AM
    I already mailed the Letter to Visa Section, DOS with a request to allocate some Visa Number to EB-3(India) to help to reduce the wait time. Did not mention about EB-2 or any other thing. Just a Request for EB-3 (India).



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  • mrajatish
    04-09 11:53 AM
    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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  • GCKaMaara
    01-07 10:13 AM
    Looks like Israel goofed up this time:

    http://edition.cnn.com/2009/WORLD/meast/01/07/israel.gaza.school/index.html


    Oh really? Thats how they bombed the school and killed more than 40 kids?

    ....

    If Israel want to kill terrorist, they have every right to kill those terrorist who kill Isrealis. Instead they are bombing kids. Which is not acceptable by any people or any nation.



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  • like_watching_paint_dry
    08-11 11:47 AM
    I agree with yabadaba. We should also send feedback to CNN about the lies Lou Dobbs is perpetuating on national TV.

    Go here http://www.cnn.com/feedback/forms/form4.html?7 to give feedback about Lou Dobbs.

    This is what I wrote:


    Please try to use your own language, otherwise they will ignore the emails as form letters, but try to cover all the points. Later I think we should contact other News outlets and point out the incompetence

    also send it to a competitor network and to a show which competes with Dobbs.





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  • milind70
    07-10 12:51 AM
    desi is correct...



    Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.

    However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.

    This is where the problem occurs:

    H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.

    Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.

    Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.

    Bottom line: your last action generally overrules your stay.

    Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.



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  • satishku_2000
    05-17 02:57 PM
    If some comapnies are not paying on bench as you some people call it , employees can always goto DOL and lodge a complaint. If DOL starts investigation Employers are screwed totally.

    As far as I know companies like INFY, WIT , TCS or patni they start paying the employee from day one , well the amount may be peanuts compared what they make on consulatants .

    People have to come up with proof before they make blanket statements about consultants and consulting profession.

    Consulting is an honest profession which survives purely on proving value added service to the client. For the same reason consultants get paid a premium by clients. Ask hiring managers in companies how much IBM charges for their consulting services per hour.

    Consulting requires ability to learn quickly , ability to analyzie the problem quickly, ability to come up with a working solution quickly and honestly consulting is not a profession for every one.





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  • Ramba
    09-30 02:08 PM
    I love to see Obama in White House too. My only concern is who drives his Immigration Policy. Sen. Durbin? The provisions in CIR 2007 were scary.

    I am here legally in this country from Sept 2000.
    Applied for GC in March 2006 (EB3 I), filed 485 in July 07, used AC 21 in April 08 and now working on EAD.

    I already had backup plan for Canada. If I wanted to keep my Canadian PR current I had to fulfill the 2 yrs out of first 5 requirement and was required to relocate to Canada in Aug 07. After July 07 fiasco and getting EAD, I thought of giving up on that back-up plan. It was not an easy decision, but we decided to bite the bullet and were thinking that AC-21 memo and EAD are good enough safe-guards for any denial if and when it comes. Also other thing I thought as it is it's going to take ages for my date to become current by that time at least my child's education will be done (he is in high school) and he doesn't have to go through relocation pains as far as school is concerned. He has already done that 4 times in last 8 years. So all in all we were satisfied with the decision to abandon Canadian PR and using AC 21. But now all of a sudden I see there are so many denials for straight forward AC21 cases and moreover if Obama wins then immigration policy are driven by Durbin. AC-21 is the thread that I am hanging on to, if that goes away then what....just don't want to think about it.

    AC21 denial is nothing to do with immigaration policy of Durbin or Obama. It is due to lack of regulations in USCIS or USCIS not efficient to follow the law/rules or bad customer service. This is where we need Obama. Becuase, he is favor of more/stright regulation or more accountability or strong government.



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  • chantu
    07-14 09:51 AM
    I think USCIS is successful in using the policy of DIVIDE AND RULE. This is the condition of pathetic LEGAL & EDUCATED immigrants. This is the reason why illegal & uneducated people's voice gets heard because they are united.





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  • rimzhim
    04-08 11:17 PM
    Make no mistake about it, IEEE-USA is not for any meaningful reform. They say that they support green card reform but actually they don’t. Otherwise they would have included some green card provisions in this bill, at least 485 filing provision. They make it look like they support green card reform because they do not want themselves to be looked upon as anti-immigrants. But that is who they are.

    Just as an example: Ron Hira says that H1s drive down wages when they come and work here. If we go back, Ron Hira says H1s promote outsourcing. If we stay here, Ron Hira says we take jobs of people here. So no matter what we do, the bottom line is, IEEE-USA has a problem with people on H1. They have a problem with our existence, not just here, but anywhere. Why? Because they don't like competition from us. And here is another fact, guys lobbying for this bill are actually racist and they just warp their objective around the economic argument.
    Again, IEEE went out of its way to get extra H1Bs for US-educated students. That alone wipes out your arguments because these H1Bs are for foreigners and these people sure will increase competition for people born here. IEEE is not only for meaningful reform, they have the power to do what they want.



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  • shanti
    08-11 01:59 PM
    http://www.h1b.info/lca_job_list.php?name=CNN+AMERICA+INC&company=cnn&city=&state=&year=ALL
    Nice to send to Lou :)





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  • nogc_noproblem
    08-26 07:34 PM
    You've heard of the Air Force's ultra-high-security, super-secret base in Nevada...

    ..., known simply as "Area 51?"

    Well, late one afternoon, the Air Force folks out at Area 51 were surprised to see a Cessna landing at their "secret" base. They immediately impounded the aircraft and hauled the pilot into an interrogation room.

    The pilot's story was that he took off from Vegas, got lost, and spotted the Base just as he was about to run out of fuel. The Air Force started a full FBI background check on the pilot and held him overnight during the investigation.

    By the next day, they were finally convinced that the pilot really was lost and wasn't a spy. They gassed up his airplane, gave him a terrifying "you-did-not-see-a-base" briefing, complete with threats of spending the rest of his life in prison, told him Vegas was that-a-way on such-and-such a heading, and sent him on his way.

    The next day, to the total disbelief of the Air Force, the same Cessna showed up again. Once again, they surrounded the plane... only this time there were two people in the plane.

    The same pilot jumped out and said, "Do anything you want to me, but my wife is in the plane and you have to tell her where I was last night!"





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  • unitednations
    07-09 12:12 PM
    thanks for the clarification on this..

    but when we re-entered the US, the i94 just mentioned 'on H1 status ..until..xx/xx date'..same way for H4-i94 card mentioned 'on H4 status ..until xx/xx date'..

    we dint show any INS papers..except for the passport(and confuse the officer at the POE)

    In our case,when my daughter came to US in May 2003, we had the i94 original(which we didn't keep the photocopy for our records),filed for her H4 etxn,went to Toronto for H1/H4 stamping,in 2 months when we went for vacation to India, gave away that i94 card at the airport while exiting and re-entered with a new i94.

    I can still see that i94 card lingering in front of my eyes..for which I dint keep a photocopy..


    Sometimes they write the company name and sometimes they don't. However; they do input it into their system (receipt number, company name, etc.). I instruct people to watch very carefully and to verify which company name they are putting into their system.

    Since you haven't posted the RFE's it is difficult for anyone to really give you much detailed answers or pointers. You now just need to give it to a good lawyer who can give a strong response.





    abracadabra102
    12-27 08:35 PM
    My comments in green.
    I myself am originally from Mumbai so please dont doubt the deep sense of outrage that I feel. But amid all this talk about going to war, here are a few things to ponder

    1. Think about how long it takes to construct a single runway of an airport. In the developed countries, it takes about 2-3 years, for India safe to say 5-6 years. One of Paki's first responses would be take out entire airports not just runways. Can you imagine how long it would take us to recover

    This is not that easy. India has much larger air force and it is very likely that Pakistani air fields are destroyed before it can destroy all of India's air fields. Yes india will sustain some damage and Pakistan will suffer much greater damage as our air force is at least twice as large, and most of those shiny Pakistani F-16s can't fly for lack of spares.

    2. Why should India kill Pak when it is killing itself every day. At this rate, just imagine how long this country will last. Sitting back and being a spectator could just about be the best option

    A failed Pakistan state is not in our interest either. A rogue state on our borders is much more dangerous than a stable country. An India victory in an Indo-Pak war is likely to weaken pakistani military control over that country and restore proper democracy in Pakistan

    3. If we are outraged by 200 civilians/police/NSG dying, do we really have the stomach to absorb 1000s, lakhs ........

    Yes wars are terrible, but look at it this way. If we do nothing, it emboldens the terrorists attacking us. They keep on striking major metros at random and this will create a very unstable environment for investment and we will loose much of the economic momentum we gained the last few years. We will bleed slowly if we just wait and watch. This is the cost of doing nothing and may turn out to be costlier than going to war (provided we win it and it is reasonable to assume India is most certain to win this war).

    4. Talking of "surgical strikes" - surgical strikes on what? Even the dumbest terrorist knows that its probably not a good idea to be in a terror camp right now.

    I totally agree with you on this.

    5. Do we really want to unite all those crazy Punjabis, Balochis, Taliban and the Paki army

    They are already working together. I, for one, do not believe all that crap Pakistan has been feeding the world/US that they are fighting Taliban/terrorists/etc. It is all smoke and mirrors to save their skin. This is basically Mush's plan and worked wonderfully so far.

    6. Ok, what about assassinating Kayani. Wonderful, we have destroyed the last institution in Paki land. Get ready to welcome millions of refugees

    I know I know that I am not coming up with any good course of action, just pointing out the flaws in the rest of them. But thats all my layman's strategic vision gives me. Maybe with just 1/100th the cost of war, we can improve our border/maritime security and also our intelligence apparatus

    We should certainly improve intelligence apparatus and and start covert operations, but that alone may not be enough.

    Personally, I think war is going to happen. I just wish people even remotely understand what it is that they are asking for.

    Nice discussion. At least takes the mind of that Feb bulletin :D





    pmpforgc
    06-09 08:22 AM
    I had looked around Alpharetta, cumming, Suwanee, Duluth etc. for new as well as recent houses.

    I agree with Hiralal that prices have come down in all these area a lot compared to past.

    In alphareeta in 200-300K you can get any new house you want. But not much new construction in that area because of lack of space. You can even get in Johns creek in that price range, which most costliest area in the north. Lot of new construction in the cumming. Not much new in the Suwanee as well as Duluth too.

    You can hardly get a decent big and recent (relatively new) house below 200K in any of these area (not town home) unless it is foreclosure. I got in 175Kbecause it was foreclosure.

    PM me if you need to talk and you are in market to buy new home. I can share my experiences.

    thanks