Saturday, July 2, 2011

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  • axp817
    03-26 05:20 PM
    What eventually happened to the case.

    The baltimore case I mentioned happened in 2005 which was certified by AAO.

    UN,
    Thanks for sharing your thoughts on this. As always, your time is highly appreciated.

    So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).

    And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.




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  • nogc_noproblem
    08-06 01:32 PM
    Two nuns were ordered to paint a room in the convent . . .

    . . . and the last instruction from the Mother Superior was that they not get a drop of paint on their habits. After conferring about this for a while, the nuns decided to lock the door of the room, strip off their habits, and paint in the nude. In the middle of the project, there came a knock at the door.

    "Who is it?," called one of the nuns.

    "The blind man," replied a voice from the other side of the door.

    The two nuns looked at each other and shrugged. Deciding that no harm could come from letting a blind man into the room, they opened the door.

    "Nice butt, sister," said the man, "where do you want these blinds?"




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  • dealsnet
    01-06 08:29 PM
    Israel is doing this for their safty. They are a soverign country and attacking the terrorist. Hamas don't want cease fire, then why they expect mercy. If they don't want to stop the war, then why other people raise their voice. Mind your business.
    They are not occupy any body's land. They live there from thousand of years, which God given to them. When they not recognize the saviour and cruxified, God's wrath fall upon them and they are disperesed. But to fulfil the Holy Bible prophesy, they regain the land and living there. No force in earth to distroy them. They are surrounded by hostile nations. Still they are surviving.
    These Arabs during and after the time of Mohammed tried to conquer the lands, and they occupy the land of Jews. They occupy the Constanople, where the biggest church situated, and they anexed to ottaman empire, now Turkey. They slaughtered everybody in that city. They did it in Syria, Egypt in AD1100. They distroy their culture, language etc. They cut the tongue, if anybody speaks the local language Syric in Syria and Coptic in Egypt. You can ask the minority people from these countries or read history. Barbarian Arabs conqured Indian subcontinent and convert the people by force. So Islam is not a religion of peace. It started with violence and end with violence. Every religion, religous people will be pious, but in Islam, they become terrorist. Satan is controlling these people. Sorry to say that. But it is true. In the last days, God punish these evil people. May all wiped out.

    See this web site for more detailshttp://www.faithfreedom.org/Articles.htm




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  • rongha_2000
    01-03 11:47 PM
    oh thats the price YOU are willing to bear? How? By staying comfy in the US? Its easy to say dude when you are 7000 miles away. If you (and i know you are not) or anyone in your family is in the military, you would not dare to make such a stupid statement.

    This whole thread is ridiculous and should be deleted. It has no place in immigration forums.

    We are a sovereign nation and are capable of defending ourselves, whatever the cost may be. Yes, it will set us back economically and we may lose thousands of lives, but that is the price we must be willing to bear.



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  • unitednations
    03-25 04:05 AM
    As a matter of fact, any one if trained properly can do any job..
    So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?

    Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...

    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.




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  • Gravitation
    03-25 04:27 PM
    Nobody said it is easy mate. If you are paranoid and want to be safe and prepare for the worst case (like getting fired or your 485 getting rejected) then don’t buy a house. It is a long haul and no one knows when his/her PD would become current. By the time one gets GC, the kids would have grown up and missed their childhood. Read my previous 3 posts. My suggestion was for the person who started this thread and for his situation only. I know each and every person’s situation is different. Like I said if I was in CA, probably I would be renting too.
    You're absolutely correct. It depends a lot on one's personal risk profile. I believe in taking calculated risks. So I find myself shaking heads when I read the posts that only consider worst-case scenarios and describe a house as golden-trap. Again, they probably have a valid PoV; just a very very different risk profile from me.



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  • cinqsit
    03-24 07:46 PM
    Isn't the employee-employer relationship between employee and the consulting company ?
    Why should USCIS get into the details of how the companies conduct their business ( like asking for client letters etc ) ?
    Is USCIS supposed to do this?

    USCIS probably does that to identify whether the job offer is bonafide. Especially with the rampant misuse of the system I am guessing thats how they make sure that all these problems like benching without pay, layering, working on lower salary and higher per diems are weeded out

    Painful as it may sound -- to say the least it is in our(employee's) long term interest. Though it appears as though its a measure designed to be against the spirit of at will employee-employer relationship I think its going to cleanse the system and make it more viable for everyone -- clients, employers and employees




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  • HawaldarNaik
    12-26 08:44 PM
    However crude the last statement may sound, it is very effective and 2 the point.
    I now beilive that some world powers are willing to work to gether to get this 'headache' resolved in some way (as most of them have now been bit by it one way or the other....though they were first sympathetic to the cause blah blah.....now they have been stung...so have woken up)
    one thing is certain as i specified above, we have to make sure that we put an end to this..and SOON.....otherwise the horror has just begun and they will really be encouraged to attack again...and this time it could be much worse (as u have seen it has progressively got worse)...so time is running out...
    Even if we target the terror camps, i think most of the world powers will not raise a hue and cry...... for that i must say hats off to our chief ('sardar'...means chief), he has really handled this with a lot of calm and composure at the same time effectively....got the world intelligence agencies to come down and validate what we have all along been saying.....and making the whole investigation transparent to the global powers.......NOW it is the time to act....and NAIL it to the opposite camp.........

    And i used to think he was the best finance minister we had....he has proved me wrong cause he could just end up being the best finance cum prime miinister for me



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  • bharol
    01-08 12:11 AM
    Blaming any religion on terrorism is inappropriate, inflammatory, and just plain irresponsible.
    Here's some proof for you:

    MI5 report challenges views on terrorism in Britain (http://www.guardian.co.uk/uk/2008/aug/20/uksecurity.terrorism1?gusrc=rss&feed=networkfront)



    And I'll give you a couple specific examples :

    Al-Fakhoura School Bombed, 42 Killed, Including Children; 13,000 Homeless; Water, Medicine in Short Supply (http://www.juancole.com/2009/01/al-fakhoura-school-bombed-42-killed.html)

    Muhammad Atta was radicalized by watching the gruesome results of that attack and he was a 9/11 hijacker. (He flew one of the planes.) That attack happened to be Israel bombing a school in 1986.

    Torture trail to September 11 : A two-part investigation into state brutality opens with a look at how the violent interrogation of Islamist extremists hardened their views, helped to create al-Qaida and now, more than ever, is fuelling fundamentalist hatred (http://www.guardian.co.uk/world/2003/jan/24/alqaida.terrorism1)

    Dr Ayman al-Zawahiri, for example was tortured in Egypt. He was Al Q's number 2 and known as the "brains" behind the 9/11 attacks. He was a successful doctor.

    It is not religion that makes people willing to blow up themselves and kill others. It is perceived oppression against one's people. If you look closely enough, you will find it.

    Blaming religious beliefs on terrorism is sloppy thinking that:

    inflames people
    justifies further violence
    divides people
    creates more terrorism


    The IRA, Shining Path, the Basques, and yes, Al Q, all have one thing in common: their political aspirations for their people to be freed from what they see as oppression. The Irish Catholics weren't allowed good jobs. Peruvian Marxists were unhappy with their government. The Basques were mistreated by Franco. Many Middle Easterners want the right to form their own governments, which we in the west actively prevent by supporting dictatorships.

    Invariably, when people blame religion for some injustice, there is a political or economic reason behind it. The Crusades, for example, were not about converting people, but about wealth, power and what they saw as "glory".

    Please stop with the religious scape goating, bigotry and hatred. It leads nowhere but down.

    If they don't want the religion to be blamed, they should not give religious sounding names to their organizations like JAISH-E-MOHAMMAD, LASHKAR-E-TAIBA etc and then call their killings a JIHAD.




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  • nojoke
    04-21 03:43 PM
    I suggest you stop looking at national level figures if you are seeking accurate information. Look at the specific neighborhood you have mind and you may find that the situation there is not exactly what is shown on CNN.

    As an example the DFW area is doing alright inspite of the gloomy picture painted by the media at the national level. Used homes will take longer to sell, but it is nowhere as bad as Florida or CA. And we are not discussing selling here anyway...we are discussing buying.

    The Dallas Morning News. �The housing downturn is hitting almost every neighborhood in the Dallas area. Even affluent close-in residential areas that had previously avoided declines, including the Park Cities and North Dallas, are seeing falling prices and significant drops in home sales.�

    �And sales of high-end homes no matter where they are � until recently a bright spot � are sliding, too. Economists and other experts blame a large inventory of recently built speculative homes, higher interest rates for large mortgages and sellers who have not lowered unrealistically high prices.�

    ��We are definitely seeing a deterioration in sales across price ranges,� said D�Ann Petersen, business economist with the Federal Reserve Bank of Dallas. �The high end did hold up quite well until recently.��

    �Preowned home sales dropped 25 percent in the Park Cities. And prices were down 1 percent from a year ago � the first such decline in more than five years, according to North Texas Real Estate Information Systems.�

    �In North Dallas, sales in the first quarter were down a staggering 40 percent. Prices were also off by 1 percent from a year ago. Median home sales prices dropped by 4 percent in Far North Dallas, and sales in that area fell by 26 percent.�

    �Sales prices fell in almost two dozen of the 46 residential districts The Dallas Morning News tracks each quarter.�

    �Even the most blue chip neighborhoods are having some problems. �I talked with a leading appraiser who said he was working on 16 or 17 foreclosures in Preston Hollow � they were all builders,� said longtime Dallas residential agent David Nichols. He said there are �plenty of buyers out there,� but with so much to look at, they are taking longer to decide on a house.�

    �Sales of $1 million-plus homes fell by 19 percent in the first quarter in North Texas. The sharp decline follows several years of double-digit gains at the top of the local market. Sales of homes priced between $600,000 and $1 million fell by between 20 and 38 percent in the first three months of 2008 compared with the same period last year.�

    ��People who have a lot of money and are looking to buy the very expensive properties aren�t stupid with their money � they don�t like paying the higher cost and may be waiting for the market to respond,� Mr. Gaines said.�

    �Veteran Dallas appraiser D.W. Skelton isn�t surprised to hear that the first-quarter preowned home sales statistics look a bit bleak. �We�ve seen it for a while,� he said. �The numbers are not as optimistic as some would lead you to believe.��

    ��Most of it is the result of builders running up values in some neighborhoods and now they have come down,� Mr. Skelton said. �It�s more a problem of price point � no matter what the location. They need to come off those prices. Their expectations were unrealistic because our market was so robust for so long.��

    �All the publicity about so-called rescue plans to help troubled homeowners isn�t having an impact so far on Dallas-Fort Worth foreclosures. The number of homes facing foreclosure in the area next month is up almost 40 percent from a year ago.�


    �Mr. Roddy said the number of D-FW foreclosure postings is the second-highest on record. �Back in February, we were over 5,000,� he said. �But the percentage gain this year is unbelievable when you consider that last year was unbelievable.��

    �Almost 43,000 homes were posted for foreclosure here in 2007 � a record and up 10 percent from 2006. The number of home foreclosure postings has risen by 24 percent from the first five months of 2007.�

    �He said he doesn�t expect to see much change in home foreclosures over the next 18 to 24 months.�



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  • nojoke
    06-26 04:58 PM
    Well - your approach smells of speculation, which is pretty dangerous!!

    I take the following approach

    Left Side: Add my rent

    Right Side: Add all my expenses (mortgage + maintenance + tax)

    As soon as Left > right - it is a time to buy.

    If you get to the nitti-gritties - it can get very complicated. e.g. you usually put 20% down. Plus the principal payment is technically not "expenditure" - it is "investment in your home equity". Owning means you lose flexibility. It is impossible to put numbers against all these.

    However, my personal "estimate"/"Tipping point" (taking into account the loss of flexibility etc) is when I have positive cash flow from owning (i.e. rent > mortgage + tax + maintenance). Some very successful RE investors I know take the same approach and are very successful.

    No. Speculators generally drive up the prices. What I am doing is not speculation. It is being cautious and rational(with the data I have). The one who drove up the housing price are the ones who were speculating that it will go up in price forever and created this huge bubble. You got the meaning of speculation wrong.
    Speculation is "engagement in business transactions involving considerable risk but offering the chance of large gains, esp. trading in commodities, stocks, etc., in the hope of profit from changes in the market price."
    There are people who are waiting for the house prices to come to back to sane levels. And there are people who cannot get loan even if they wish to buy. They are not speculators.




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  • GCwaitforever
    07-17 06:22 AM
    This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.

    My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.

    Please correct if I'm wrong. I really would like to get this right.

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

    Members of Immigration voice are already on H-1B and would like to become permanent residents. Family members come on a dependent visa H4. H4 numbers are not counted in the overall H-1B numbers as H4 dependents can not work. H-1B numbers do not have any country specific quotas and already exclude spouses and dependent children.

    Increase/decrease in H-1B numbers should be market-driven. This is my personal opinion.

    The bigger concern is becoming a permanent resident. Green card numbers are limited. There are country specific quotas. Spouses and children are counted in the total numbers. Because there are more H-1B people from India and China (mostly graduates of US universities or come on H-1B directly), the queue is longer for these people and it takes even longer to get a VISA number for these folks.

    Instant Green card is the Utopia. There are other practical solutions for this problem. I listed them in sequence of my personal preference. Others may choose differently.

    1. USCIS processing efficiency: Many of the delays are due to USCIS and related agency processing capability. If we speed up this and increase effiiciencies, the wait would be lesser.

    2. Allowing to file for Adjustment of status (I-485) without current priority date: This gives the employees a work permit and makes it easier for their spouses to pursue their own ambitions. After six months of filing for I-485, the employee is a free bird to choose different employer, for a similar job position.

    3. Pre-adjudication of Greencards: This completes the ordeal of USCIS paper maze even when VISA numbers are not available. Applicants will get Green card when the VISA number is available and in the interim they will get the work permit.

    4. Recapture unused VISA numbers: For the past ten years, USCIS never used up VISA numbers allocated per year because of processing inefficiencies. They should be recaptured and applied to the people waiting in queues longer.

    5. Not counting spouses and dependents: When they come into this country, spouses and children are not counted in H-1B numbers. It does not seem logical to count them against VISA numbers while giving permanent residency. Spouses and children should be skipped from this count.

    6. No country based quotas: Again the same argument. When H-1B holders come into this country, they are not discriminated by country of origin. While applying for permanent residency, they are in strict quotas. Why put this restriction for Employment-based immigration? It is not logical and there should not be any country specific quotas.

    7. Exempting STEM: This is in the SKIL bill under consideration. Those with Ph. D, and Masters in Science/Technology/Engineering/Mathematics are allowed to adjust their status without waiting for VISA numbers.

    8. Increasing VISA numbers: This is a quick fix solution. What guarantee does it give that we do not find ourselves in this immigration mess again after five/ten years?

    If AFL-CIO supports these initiatives, it would be great for the cause of Immigration voice.:)



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  • senthil1
    04-07 11:35 AM
    If H1b quota is increased last 2 years it could have done easily as quota was reached much before the start of year. Without union support same thing is going to happen this year as last year. IV members has to wait years to get gc. They will use H1b as shield to gc reform and no one will get anything. Possiblity is H1b and GC provisions can be passed without much visiblity when CIR is passed. Majority of US people does not want unlimited immigration in any section whether legal or illegal. Opinion polls show that. US people wanted moderate increase in immigration and that is reflected in congress but pro immigrants want unlimited number in legal and illegal. That is the problem


    I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.

    This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.

    Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.




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  • s_r_e_e
    08-11 05:54 PM
    DJ: Come on Sarah... where did you have it?



    :D:D:D:D:D:D joke of the year..



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  • subba
    12-27 12:57 PM
    Especially considering Sen. Cornyn seems to be opposed to some of the provisions being discussed for the illegal immigrants.




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  • StuckInTheMuck
    08-05 02:48 PM
    Two guys are moving about in a supermarket when their carts collide.

    One says to the other, "I'm sorry - I was looking for my wife."
    "What a coincidence, so am I, and I'm getting a little desperate."

    "Well, maybe I can help you. What does your wife look like?"

    "She's tall, with long hair, long legs, firm boobs and a tight ass.

    What's your wife look like?"

    "Never mind, let's look for yours!"



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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.




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  • USDream2Dust
    06-06 11:55 PM
    Whereas i agree with you that you can live good life anywhere, even with no house and no place to live you can live a good life.

    But just because your friend got Grilled, shouldn't prevent you from taking risk. It is like, if somebody got run down by bus while crossing street, you would never cross that street.

    That is not a good example. Like I said. everybody takes chances, some win and some don't.

    Chances of loosing right now, is very slim, since everything is lost and if you still have a good healthy job, chances are you would have it, and if you have backup like double income, you are running in no probability zone.

    After your i485 gets denied, I am assuming you can file MTR and wait for it. More senior members may throw light but I am guessing you would have 2-3 months time to leave the country.

    On a complete side note, who gives a damn of overstaying if your GC is denied after 10 years of legal staying in US. Stay another year or so and setlle down stuff before you go home. Even better, stay as illegal in this country and join millions other, and chances are that you would get GC before other IV members :).

    The above is not my theory but a very well known attorney in NYC told me and my wife, when my wife was little bit out of status. Strange but true.




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  • smuggymba
    07-30 11:53 AM
    I emailed Sen Hutchinson from Texas to vote NO for the DREAM Act and I called it "Organized and Controlled" amnesty as illegal kids who will get GCs will be able to sponsor their illegal parents for GC after 4 years.

    All the illegals who have kids in college will get get GC's in 4 yrs after their kids pass college while EB3 has to wait for 20 years. This is a joke. Look at the reply from the Sen below:

    On March 26, 2009, Senator Richard Durbin (D-IL) introduced S. 729, the DREAM Act, which would allow states to offer in-state tuition rates to long-term resident immigrant students. The bill also would allow certain long-term residents who entered the United States as children to have their immigration or residency status adjusted to conditional permanent resident status or permanent resident status. The DREAM Act has been referred to the Senate Committee on the Judiciary, on which I do not serve. Should S. 729 come before the full Senate, you may be certain I will keep your views in mind.




    zxcvb
    07-17 10:37 PM
    Hi UN,

    What if the employee gets paid less than what is mentioned on the LCA on H1. Is that considered Out of Status?

    Thanks in advance




    akred
    04-06 08:51 PM
    This bill seems to require a labor certification like process for every H1B extension. All of us who have gone through labor certification know how painful the initial data collection is when it comes to proving unavailability of US workers. How many employers will want to or be able to get a labor certification like process done for every H1 extension?



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