Saturday, July 9, 2011

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  • HopeSprings
    08-06 10:48 AM
    Although the discussion has deteriorated to a point where it will not be healthy anymore, these are valid questions.

    I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.

    sroyc,
    What a resolution!!! I completely agree with you. Interfiling should NOT be scrapped but limited to people who qualified for the later category (EB2/EB1) on the date of their PD.





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  • unitednations
    08-09 01:38 PM
    UN,

    Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?

    Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.

    My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?

    This has been written about to many times. You need to research this on immigration.com.

    As I said in the law while 485 is pending you do not have to do anything; you can do something totally irrelevant to what your employment is going to be upon greencard approval.

    However; uscis starts digging into intent. I wasn't porting to self employment. I was porting to a different company upon greencard approval.

    they were going to try to assess that if I was making too much money then how would i take another job with lower salary.

    I personally don't agree with porting to self employment upon greencard approval (many have but we'll see if they should tighten it up). If you are a one person company; then how can the job be same/similar. You would have been doing the finance, marketing and the software engineer work. That in itself wouldn't make it a same/similar job.

    My labor wasn't broad. if they were looking at same/similar; it would have been impossible for me to meet it. The position I had and the job duties were probably only available in maybe less then 25 companies. (one of the job duties was administering offshore investment companies).

    Now; keep in mind; greencard meant absolutely nothing to me. I got into this because of what happened to my 140 and i took it as a challenge from uscis.





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  • satishku_2000
    05-16 06:04 PM
    It is very simple -- the 'consulting on the bench' business is ILLEGAL. You can have any opinion on it you wan't, but the bottom line is it is against the law. If you can't meet the legal requirements, you shouldn't be here in the first place.

    And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.

    It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.


    Title explains it all ... its not illegal to work parttime on H1b...If some employer does not pay on bench , employee can always goto DOL...





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  • rameshvaid
    07-14 05:23 PM
    EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

    Moderator could you makes this Sticky please

    Could somebody also post the adderess of USCIS please..



    I mailed letter today..

    RV



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  • Refugee_New
    01-07 09:27 AM
    Those who said, Hamas was hiding inside school and firing rockets, go check the fact in CNN.

    U.N. 'sure' no militants at school hit by Israeli troops

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

    Human sheild, hiding in hospital, hiding in mosques, hiding in school - All are big lie and bullshit. Just to justify the killing of innocent lives.





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  • desi3933
    08-06 09:33 AM
    Rolling floods,
    What is your PD ? EB2-India is Jun2006. It is just 2 years back. So I am guessing your PD is even less than 2 years and you are getting so restless that your are seeking to get more rulings done in place where 2000 thousand unnecessary laws & rulings exist for a 'could be an easy' process. I think instead of talking to lawyers you need to see a doctor...

    But doctor asked him to see a lawyer. :D



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  • nogc_noproblem
    08-26 09:27 PM
    Simple Questions, Complicated Answers

    Why does monosyllabic have five syllables?

    Why are there interstate highways in Hawaii?

    Why do we drive on parkways and park on driveways?

    Why are they called apartments, when they're all stuck together?

    Why do scientists call it research when looking for something new?

    Why do they call it a building? It looks like they're finished. Why isn't it a built?

    Why is it when you transport something by car, it's called a shipment, but when you transport something by ship, it's called cargo?

    If vegetarians eat vegetables, what do humanitarians eat?

    If price and worth mean the same thing, why priceless and worthless are opposites?

    Is there another word for synonym?

    Is it possible to be totally partial?





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  • chanduv23
    05-16 06:09 AM
    What if they give you all a chance for applying 485 and retaining PD before they ban h1b consulting??? I guess, you all will be happy with Durbin adn Grassley ;) ;) ;)

    The h1b system was designed to create brain drain in developing nations and bring them to America, but because of the implementation methodologies the opposite is happening, good people are either moving back or not coming or stuck with an employer which is not good for the economy.

    America gains nothing by banning h1b people - I am sure some provision will be there to protect people and get a fair chance towards imigration even if consulting etc.. practices are modified to work in correct methodologies.



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  • xyzgc
    12-28 04:05 PM
    So Mr. Trained Reservist,
    Let's say the war is won in 15-20 days based on your expert knowledge, what is next? India occupies Pakistan? and acquires 160 million muslim population along with Talibans? You think that will end terrorism and riots in India?

    Oh BTW, there is another trained reservist in the history who claimed Iraq war would be won in two weeks. Do you know who he is? Hint: he became the worst president in the history of the US.

    The war was won in two weeks. Americans have traditionally poured billions of dollars in rebuilding nations that they have destroyed. What was unexpected was the insurgencies and the sectarian violence, which Iraqis themselves are guilty of. The war went horribly wrong because of the atrocious cost of the war and the drain on the failing economy. Saddam was an evil dictator and the fact that there is so much insurgency is a clear indication that Iraq was the hotbed of terror.
    That is why its taking longer than expected.

    If you want to debate on Hiroshima and Nagasaki, read the kind of savages the Japanese were. Read about comfort women. http://en.wikipedia.org/wiki/Comfort_women. It will make you really uncomfortable. Worse, till date the Japs are unapologetic saying there is no credible proof that this ever existed. Also, read about Bangladesh war http://en.wikipedia.org/wiki/Bangladesh_Liberation_War where 200k women were repeatedly raped giving birth to thousands of war babies, who were exported to orphanages in Europe and America.





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  • unitednations
    08-02 10:47 PM
    Thanks for your valuable suggestions UN.

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

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

    Thanks again. I really appreciate your help.


    Keep in mind that not many people post all of these issues. People keep these types of rfe's, denials closely guarded. When I used to have my contact info. on the boards; people would call me and discuss with me and I would remember a similar posting. The posting would have been that persons but what they posted had only 10% of the story of what it really was. Point is that people need to educate themselves on these scenarios. At the same time; uscis usually just goes and approves the case by glossing over it and missing it. However, when you get an adjudicator who wants to make a mark for him/herself they may go after these gray areas. I was pretty ignorant about it until my case went for a loop and then I got obsessed with learning these issues.

    From a common sense point of view; future base employment or if you leave an employer before 485 is pending for less then 180 days and say you had intent to work with them until 485 was pending for 180 days is pretty much not genuine. However; it is in the law. If uscis sees that you were working with a company and left early and said you were going to return or had intent up until 180 days was over to join them; then they can start going after the intent issue. That is; if you went to self employed, totally different field; made substantially more money and said that you still had intent up until 180 days to join upon greencard approval; then you have to be really careful about it.

    Confusion within the law is that ac21 says you can "switch" employers after 180 days. The word "switch" implies that you were in that employment for 180 days and then you changed.

    However; uscis clarified in all of the memos that since greencard is future base; there is no standard to even work with the employer until greencard is approved. Since there is no standard to work with them prior to approval then a person could use ac21 to change "intention" after 180 days. However; they always talk about "intent", "bona fide", etc. These words have so much wiggle room for uscis to abuse their powers or make things difficult for you.

    If you wanted to be on the safe side, just in case uscis asked then you should get an updated offer letter at the 180 day mark that the job is still open once you get the greencard approved.



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  • chintu25
    08-28 09:42 AM
    Two immigrants have just arrived in the United States and one says to the other, I hear that the people of this country actually eat dogs.�

    �That�s odd,� her companion replies, �but if we are going to live in America, we might as well do as the Americans do.�

    Nodding emphatically, one of the immigrants points to a hot dog vendor, and they both walk toward the cart. �Two dogs, please,� she says.

    The vendor is only too pleased to oblige, wraps both hot dogs in foil and hands them over the counter. Excited, the companions hurry to a bench and begin to unwrap their �dogs.�

    One of them opens the foil and begins to blush. Staring at it for a moment, she turns to her friend and whispers cautiously, �What part did you get?�



    ;)





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  • ZeroComplexity
    09-29 06:32 PM
    I completely agree with you. I don't want my tax money funding a war, period, it's morally wrong. I have thought about this a lot, my only solace is that almost half the poplulation doesn't want the war.

    Is the almost enough to elect obama to power? I hope so.

    I have been here since 1997. An Obama win may just restore my faith (which was severely damaged after Bush relection) in the average intelligence of a voter.

    I know that chances of passing of a bill favorable to skilled immigrants are greater with Republicans, but there are other issues far more important to me. For e.g. with a Republican win, the chances of "collateral damage" (deaths of innocent abroad) increase tremendously. I do not want that to be funded through my tax money. Neither do i want my child to read about "creationism" in school (despite paying for all that private school fees!). These issues are more important to me than tax cuts or getting a green card sooner. just my two thoughts...



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  • spicy_guy
    07-29 04:20 PM
    I am no supporter of either party. To be fair, the economy could have collapsed without him and most of us could have been back home by now.

    Rightly said. He has had bigger problems to deal with than LEGAL immigration. Even if he wants to think about immigration, its going to be much / all about ILLigal immigrants.

    Because thats what Americans want to fix first.





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  • kshitijnt
    06-26 01:33 PM
    Dear IV Members, Kindly be respectful to others even if you do not agree with their opinion. I saw ValidIV was give a lot of negative reputation since he disagreed with views of many people. KIndly do not do so. The debate should be respectful with honorable disagreement.



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  • Beemar
    12-26 12:52 PM
    Guys,

    Looks like we may see some action from India within hours now. The war clouds have been gathering ever since the Mumbai attacks. But now the signs of an imminent war are unmistakable.

    Apparently India had given pak a deadline of one month to hand over the perpetrators of this attack. The deadline expires on December 26th.

    Both India and pak have canceled the leaves of their military personnel.

    People in border villages of Rajasthan are evacuating.

    CNN has been reporting that paki troops are on the move.

    If my hunch in right, something big will happen in next 24 hours.





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  • nogc_noproblem
    08-05 01:49 PM
    A man was sitting alone in his office one night when a genie popped up out of his ashtray...
    ... and said, "And what will your third wish be?"

    The man looked at the genie and said, "Huh? How can I be getting a third wish when I haven't had a first or second wish yet?"

    "You have had two wishes already," the genie said, "but your second wish was for me to put everything back the way it was before you made your first wish. Thus, you remember nothing; because everything is the way it was before you made any wishes. You now have one wish left."

    "Okay," said the man, "I don't believe this, but what the heck. I wish I were irresistible to women."

    "Funny," said the genie as it granted his wish and disappeared forever. "That was your first wish, too!"



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  • shantanup
    03-24 01:56 PM
    employment base immigration. It is not on your merits it is based on an employer needing you.

    Why on earth would an employer need me if I don't have merits?

    I see your efforts to downgrade EB immigration and highlight FB immigration. This is just my observation, you don't have to agree or criticize it.





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  • krishna.ahd
    02-13 09:43 AM
    Please use this thread for education on the effect of lobbying on legislation. Thanks.
    First of all, Why We need Lobbying

    Check this out

    http://www.independentsector.org/programs/gr/10ReasonstoLobby.pdf

    Steps involved in Lobbying

    http://www.policylink.org/AdvocatingForChange/Lobbying/Legislators.html





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  • unitednations
    03-24 07:56 PM
    http://www.ca5.uscourts.gov/opinions/pub/98/98-60340.CV0.wpd.pdf

    Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.

    Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).

    The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.

    USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.

    Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.

    Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.

    However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.





    nogc_noproblem
    08-05 01:35 PM
    A guy in a bar was talking about how he always watched his wedding video backwards.

    When asked why, he replied:

    "Coz I love the end bit where she takes the ring off her finger, goes back down the aisle, and jumps in the car and disappears..."





    ItIsNotFunny
    01-08 11:47 AM
    Rayyan,

    You are a highly skilled person. Think objectively:

    1. This thread is not immigration related. It is a non-immigration thread that admins allow just as a communication platform among people and has nothing to do with IV.

    2. People can have their opinions. You really can't stop. It becomes objectionable when it is personal. Then, you report as Abusive link and moderators will take actions. I have reported couple of abusive language posts in past and action was taken in very short time.

    3. Please don't mix issues. Your efforts for enlightening people about immigration issues are appreciated. You should not leave because couple of threads are running that you don't like.

    My 2 cents to you, to bfadlia and everyone.



    You are best example of hypocrites and double standard:cool:. You will be very successful in your life, take my words.....

    I read your all post, the above post just makes me confused. How could you just bash one community , their beliefs ,make fun of their Prophet Mohammed (peace be upon him and all the prophets ), his teaching , saying the that Mohamed has fooled his followers , let him , we want to be fools what can you do about it? and then later come up with such a statement.
    If it makes you furious , so does it to us.
    How do you justify your anger and hatred towards one community.

    I used to be very involved in all the immigrationvoice.org matters. When I was in a small town in Florida( moved to another city), there were lot of Indians unaware of immigrationvoice.org and immigration issues. I did lot of efforts to educate them and made them aware of this site and its efforts. My wallet and heart was always open for immigrationvoice.org . But after Mumbai attacks and this link, I can see the hatred towards my community.

    people have justified the killing of small kids saying that let them die today anyhow they are going to be terrorist in future. Pathetic, sad to hear this from so called highly educated people..


    I am out of this discussion , out of immigarionvoice...
    Peace Amen !!!!!



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