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  • seattleGC
    05-16 05:18 PM
    That's called pandering. To unions like IEEE and hispanic vote base. These ppl don't have any interest in America's competitiveness or interests of people at large rather work in the interests of their party and their re-election.

    But I am suprised at the attitudes of some forums members who want to screw the ppl behind us.
    Anyway I agree, we should be worried about delays to i-485 processing if 11 million ppl are added to USCIS queue.


    I know where Senator Durbin stands on illegal immigration issue , he is totally for amnesty/legalization of illegal/undocumented people in the country. According to him its ok if someone is totally undocumented and stays here but its not ok if someone does consulting and documented and pays taxes while working and waiting for the green card to be approved. Isn't it height of hypocrosy?

    Where do people like mbdriver and senthil stand on the issue of legalization/amnesty for illegal/undocumented people in the country? If the legalization were to happen these are the kind of people who complain saying illegal aliens have slowed down our green card petetions. If legalization were to happen processing of every petetion at USCIS will slow down considerably. I will not surprised if 485 takes 4.85 years or 48.5 years or 485 years ...:)

    Which one is a bigger problem 12 to 15 million people totally undocumented or perceived misuse of visa petetions by few bad apples.




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  • Macaca
    09-24 04:30 PM
    How To Write To Congress (http://consumerist.com/consumer/your-government/how-to-write-to-congress-302775.php) BY CAREY GREENBERG-BERGER | Consumerist, SEP 23 2007

    Writing to Congress is the single best way to express your view on public policy. The average consumer has a surprising ability to influence legislation by crafting a well written missive and avoiding several common mistakes.

    Why Personal Letters Beat Form Letters

    Don't get suckered in by the quick and easy "Write to Congress!" form letters littering the internet. Form letters are not an expression of values; they are a show of organizational strength. If the NRA convinces five million people to send letters opposing gun control, it shows that the NRA can muster five million people to action, not that five million people necessarily care about gun laws. Congressional offices know this and generally disregard form letters.

    So what happens when you send a letter?

    Every office has its own procedures for tabulating constituent correspondence, but most will produce a report at the end of week breaking down how many letters were received by issue area, separating out form letters from letters sent by individual constituents.

    Members treat each type of letter differently, but most look for individual letters as a barometer of their district's concerns. These are the letters that have the most influence, the ones we will show you how to write.

    What Should Your Letter Say?

    We adhere to the three paragraph rule: introduce yourself, introduce your issue, request action. Congressional offices have staffers whose days are spent solely on the mail, so make their lives easier by keeping letter succinct and to the point.

    Introduce Yourself: There is a two-prong test for determining your worth: 1) Are you a constituent? 2) Are you an important constituent? Feel free to puff up your chest. Are you a lifelong member of the district? Are you associated with community groups? Say so! Convince the reader that yours is a voice of experience and wisdom.

    Be specific: Don't just ask a Member to oppose mandatory binding arbitration agreements. Ask them to rush to the floor to support S.1782, The Arbitration Fairness Act of 2007.

    Marshall Facts: Your argument - and you are making an argument - must be supported by facts. Feel free to use facts gleaned from us or other sources, but don't copy and paste paragraphs of pre-written text from form letters. Personal experiences are particularly effective, and often moving. Share them!
    Be Exceedingly Polite, Please: Congress attracts haughty personalities. Staffers don't appreciate being spoken down to or insulted. You are trying to rally them to your cause, so be nice!

    Clearly State Your Request: Plainly tell your representative that you want them to support or oppose a certain bill. If you want a response, explicitly (but politely!) ask for one.

    It should go without saying that your letter should follow all formal style guidelines, such as a return name and address, and should be free of spelling and grammatical errors.

    Send Your Letter To The Right Place

    Only write to your representatives. You have three: one Representative in the House, and two Senators. Do not send more than three letters. Some citizens try to get their voice heard by writing to all 435 members of the House. Congressional courtesy compels the 434 Members who do not represent the zealot to forward his letter to the one lucky Member who does. This angers the Member's staff greatly at the expense of any point you are trying to make.

    The addresses for your Representatives and Senators are available online, but don't waste your time with an email. Letters carry significantly more weight. Send your letter to the Capitol, where the legislative staff is based, though it will take a while to arrive since all incoming Congressional mail is irradiated thanks to those still-unidentified Anthrax mailers.

    For an even greater impact, send your letter care of the staffer covering the issue. These staffers - called Legislative Assistants - are the Member's eyes and ears on their assigned issue areas. Finding the staffer destined to read your letter is easy: call the Capitol switchboard (open 24 hours a day!) at (202) 224-3121, ask for your Member's office, and ask the person who answers for the name of the staffer handling the issue area or bill number. Once you get that name, address your letter like this:

    Member Of Congress
    c/o Staffer
    Office Building/Number
    Washington, DC 20515

    What Should You Expect In Return?

    Depends. There are 535 Congressional offices and each handles constituent correspondence differently. The vast majority respond to letters with either a form letter pre-written by a Legislative Assistant, or with a more personal response written by a Legislative Correspondent. Controversial issues that attract many letters normally receive a form letter response, while smaller issues or specific questions often receive the attention of a personalized response.

    Conclusion

    Members of Congress work for you. Without your votes, they won't stay in office. They go to great lengths to cultivate a positive relationship with you, their boss. Very few people take the time to write to a Member of Congress, so the few that do carry a disproportionate influence.

    Fifteen minutes is well worth the time to influence a $2 trillion enterprise.




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  • sc3
    07-14 05:04 PM
    but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.

    The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
    Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
    There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
    Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
    The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.

    Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.


    Paskal thanks for your post. You have given some points to mull over. However, I dont get some things, if EB3-I were on the lowest totem-pole, how can we explain the data from previous years where EB3-I got a lot more visas -- even though EB3-ROW was not current.

    Second. Which point in the AC21 says Eb2 gets preference over Eb3? There is nothing in sec 104 which points towards the preference for EB2? I have read and re-read the section multiple times, but I dont see anything which says that there is a preference towards EB2.




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  • mariner5555
    04-15 02:19 PM
    Agreed, but then you have no way of knowing if you would have been less happier growing up in a bigger home. For all you know, you may have been more happier.

    That is the general line of thinking everyone has including all the people who are posting on this forum. If more money does not equate to a better life, then why are all these people taking the trouble to desert their home land and live in a foreign country? If more money => better lifestyle, then it follows a home can provide a relatively better environment to a child than an apartment.

    If all Americans live in rented apartments, drive only used Japanese cars (resale value), furnished their homes with scant used furniture and were focussed on investing their money than spending it, then the American economy will go down to the level of a third world country in less than 10 years.

    This does not mean everyone has to run out and buy a home. The point as I said earlier is to see a home as a home and not as an investment.
    this maybe your view .. but I can find some faults with it.
    yes ..more money is equal to better lifestyle but a bigger house is not necessarily a better lifestyle for everyone. for many tech workers, following this line of reasoning will cause them more problems.
    I don't know about you ..but I came here to US for money and for better quality of life (I didnot come here to buy a big house !!). a big house would mean that I have less money as more money goes for property tax / maintenance etc etc
    now ..since I save money by renting ..I can afford to put my son in better dayschool, fund his college fund , take him for more freq vacations etc etc.
    now this maybe different for some people ..maybe those earning more than 125 K or with double income.
    also ..do you mean people should pay more for a house than it is worth ??

    I agree with yr last points ...that not everyone has to run ..and thats what I am saying.
    once you get GC and have a stable job and get a good offer on a house ...buy ..else wait. In other words ..as you are implying ..if you can afford a big house without making heavy sacrifices ..then go for it.
    (but many people that I know ..buy big houses ..then try to save money on air conditioning, restaurants etc).
    the other main problem with H1/ EAD is that you become immobile ..esp if you have to move for various reasons (since you have to worry about your legal status too ..).
    btw ..if all americans stayed in rental (or smaller homes ) and drove japanese fuel eff cars ..then the world would have been a better place with lower gas prices :)



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  • dealsnet
    01-07 10:52 PM
    See the link. Palestine TV teaches the kids to be a terrorist. Through micky mouse.
    Pathetic.
    http://www.youtube.com/watch?v=gi-c6lbFGC4&NR=1


    See this poor boy.
    http://www.youtube.com/watch?v=PPU4UN03t7E&feature=related




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  • paskal
    04-09 11:47 AM
    The job description can be put in the way that points to your plus points. If you go the Harvard Biz. school you will have those. I dont think they want you to leave. There will be other avenues out there.

    pete,

    i am a physician and in the same boat as you. my employer searched high and dry before i came along. but you are missing something here. except universities that can hire the "best candidate", every other employer has to employ a citizen/gc applicant with the "minimum qualifications for the job". please revisit the rules if you do not understand this. your talent and extra skills count for nothing. employers cannot take the best applicant...if an LCA is needed. this is a very significant problem if applied to H1B renewals. Any tom dick and harry can displace you every 3 years. think about it please, not just your own situation. i am strongly in favor of H1B reform. i believe that this if linked with a bill like strive dramatically increase support for retrogression relief. however the reform needs to be thought through carefully. a 6 mnth LCA process for each renewal would kill us. let's not throw the baby out with the bathwater...



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  • puddonhead
    06-26 10:38 PM
    Home size may be smaller, but the land (plot) also got smaller...

    So the point is that it is pointless to compare median home prices.

    If you want to do the comparison - Case Shiller is a better bet. It tracks the sale prices of the same homes. Wiki link (http://en.wikipedia.org/wiki/Case-Shiller_index)

    Case Shiller Index in
    1987: 62.03
    2006 Q2 (Peak of the bubble): 189.93

    Increase - 306% over 20 years - i.e. 4.5% compounded (assuming annual compounding - less with contineous compounding).

    Compare that with other investment vehicles (e.g. the stock index) - and tell me who would have more net worth - the one who invested in a house or the one who kept investing every month in the stock market.




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  • saravanaraj.sathya
    08-08 10:39 AM
    UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.

    Question-
    --------------------
    Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?

    Yes, that is correct.

    I will give you what was asked for in my local office interview:

    w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.

    I-134 affidavit of support

    All passports

    Updated and new G-325a (old one I had completed in 2003)

    Letter from employer giving detailed job description; salary

    last three months paystubs

    Company two years of tax returns

    Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).

    --------------------------------------------------------------------

    My situation; entered USA on TN back in July 1999

    Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).

    I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.

    From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.

    Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).

    I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.

    -----------------------------------------------------------------------

    When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.

    Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.

    He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.

    He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.

    He then said case is approved.

    Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.



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  • prince_waiting
    08-05 11:03 AM
    1. Cigarette: A pinch of tobacco rolled in paper with fire at one end & a fool at the other.


    2. Love affairs: Something like cricket where one-day internationals are more popular than a five day test.


    3. Marriage: It's an agreement in which a man loses his bachelor degree
    and a woman gains her master


    4. Divorce: Future tense of marriage


    5. Lecture: An art of transferring information from the notes of the
    lecturer to the notes of the students without passing through "the minds of either".


    6. Conference: The confusion of one man multiplied by the number present.


    7. Compromise: The art of dividing a cake in such a way that everybody
    believes he got the biggest piece.


    8. Tears: The hydraulic force by which masculine will-power is defeated by feminine water-power.


    9. Dictionary: A place where divorce comes before marriage.


    10. Conference Room: A place where everybody talks, nobody listens &
    everybody disagrees later on.


    11. Ecstasy: A feeling when you feel you are going to feel a feeling you have never felt before.


    12. Classic: A book which people praise, but doesn�t read.


    13. Smile: A curve that can set a lot of things straight.


    14. Office: A place where you can relax after your strenuous home life.


    15. Yawn: The only time some married men ever get to open their mouth.


    16. Etc.: A sign to make others believe that you know more than you
    actually do.
    17. Committee: Individuals who can do nothing individually and sit to
    decide that nothing can be done together.


    18. Experience: The name men give to their mistakes.


    19. Atom Bomb: An invention to end all inventions.


    20. Philosopher: A fool who torments himself during life, to be spoken of when dead.


    21. Diplomat: A person who tells you to go to hell in such a way that you actually look forward to the trip.


    22. Opportunist: A person who starts taking bath if he accidentally falls into a river.


    23. Optimist: A person who while falling from Eiffel Tower says in midway "See I am not injured yet."


    24. Pessimist: A person who says that O is the last letter in ZERO, instead of the first letter in word OPPORTUNITY.


    25. Miser: A person who lives poor so that he can die rich.


    26. Father: A banker provided by nature.


    27. Criminal: A guy no different from the rest... except that he got
    caught.


    28. Boss: Someone who is early when you are late and late when you are
    early.


    29. Politician: One who shakes your hand before elections and your
    confidence after the elections.


    30. Doctor: A person who kills your ills by pills, and kills you with his bills.




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  • xyzgc
    12-22 11:31 PM
    Though I strongly disagreed with some points made by the initial poster, some of your points look like they are out of the VHP's handy book. Muslims do have a slightly higher fertility rate, this is falling fast and there is only a slight difference between hindus and muslims. Partly it has to do with religion but there are various other reasons including higer female numbers and better mortality rate.

    See article. http://signal.nationalinterest.in/archives/madhu/63

    Another article(slightly older): http://www.thehindu.com/thehindu/mag/2002/11/10/stories/2002111000610300.htm

    That's very positive news. Its not like every muslim has ten wives and produces 50 children.And for that matter, every Hindu widow doesn't commit sati.

    I don't know whether VHP has a hand book. At least, I have not read it even if there is one. If they have it and they have expressed similar thoughts, there is nothing I can do about it.

    There are several issues in Indian society. We are not denying it.
    What we are demanding is that Pakistan should stop sponsoring terrorism. Not only that the nation must take active steps to root it out instead of simply disowning the terrorists. That's all.



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  • dealsnet
    01-07 01:13 PM
    Until AD 1100, everybody in Egypt are christians, the arabs conquer there and killed many and convert them. Few are left as christians. Now only 10%. Ask any egyptian christians. They need to pay JAZIA to be live as christians. The language COPTIC now only in church. Coptic sound similar to Latin. Abrabs imposed their language, where ever they conquer. They cut the tongue of people, who spoke native language. See in India, moguls made Urdu and make Arabic script for it.Egyptian christians are only real egyptians. Muslim egyptians are mixed people with Arab warriors. War children.
    Real egyptians are here in USA, you can talk to them, they are nice people no terrorist, brain washed bastards. Go to a coptic chrch and see these people.
    Same happened in Kashmir. Pandits are the real Kashmiris. The Kashmiri muslims are children of the Kashmiri women and arab invaders. Now they kicking real Indian pandits out from kashmir, and they live in own country as refugees.
    In the end all terrorist, satanic nations wiped out at the second coming of Jesus. Those good muslims belive him will be saved. Others will go to hell.

    I agree, the conflict discussed here is a political conflict. It could have been resolved much easier if all sides stopped looking at it with the religious-end-of-times lens (jews: nile-to-euphrates empire belonged to us 3000 years ago, christians: jews from all over the world must be transfered back there for the messiah to return.. and muslims: end of times won't come until jews fight the muslims and we beat them)




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  • mbawa2574
    05-28 08:21 AM
    I think Indian Governernment should report this to WTO. America is creating conditions that are discriminatory and not business friendly. India should start cutting wings of American Companies selling goods in India. IT is our product and in case US people have problems with IT professionals from outside, they don't have any right to sell the goods to my people.



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  • Desichakit
    08-06 11:01 AM
    I think clearing an exam like IIT-JEE in no way makes a person Superior over others. I my self have cleared IIT-JEE and am EB2 India, but still I see this proposed/planned Law suit to be ill thought off.

    Rolling Flood: I can only say that you can give any logic for this Lawsuit and it can be countered by any other logic why it is incorrect.


    Some body Porting from EB3 to EB2 if it is done sucessfully previoyusly then it is Lawfull.

    Many countries had their Jaichand's who will go to any extent for their own benefit, but society, nations thrive even after that.

    Your comments is very welcome because it gives all of us 1 more reason to be united than divided.

    PS.: When there is flood in Gangaji then it is not revered, only when it is within its banks it is revered and does good for society




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  • 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.



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  • HawaldarNaik
    12-26 07:48 PM
    I like Amma's post, pretty good, well thought out and i stand corrected, in my earlier remarks. Good Post Amma indeed...




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  • thakurrajiv
    03-26 10:13 AM
    These banks, Mortgage companies and realtors - The whole nexus of sharks have made refinance almost impossible since last week.. Any body else noticed that? What happened is as soon as FED cut down the rate this nexus dramatically reduces the price 10 - 15%. If you go to zillow, you would find at least 10% reduction published for almost every home with comparison to 5 days before... Something is cooking up.. I do not know what it may be...At least for VA, MD, DC based homes I see this pattern. It looks like, lenders do not want to invite refinances.. and that is scary. Even most sites shows the list of properties with less value under " property sold last in 6 months" and make the properties disappeared which wer sold with reasonable price. I noticed this pattern for many bank alerts as well. So now the real picture you can get from is the county database only to fight these sharks. Are they trying to divert all to government loans (FHA?)... watch out.
    I posted a few messages in another thread on macroeconomic issues. As you found out, a lot of people don't understand the severity of credit crunch. If you have lot of cash, yes you have a big advantage, go and invest. Even if you get it wrong for next 5 years, you will be ok.
    But for people who want to do this on borrowed money, credit crunch will hit you. The credit crunch will get worse. Whole mortgage industry will change, things will tighten. This just means something has to give up, which is house price.
    If you are already not in a house, wait as you might be able to buy at much lower prices. Jump into RE as investment now only if you have enough cash to sustain upto 30% drop in home prices !!



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  • ssa
    07-13 10:59 PM
    I agree. It would be 100 times easier to re-file under EB2 and port your PD individually than to get USCIS/DOL to change their rules (howsoever they choose to interpret it). Just see what % of our previous campaigns were successful in the past in spite of all our efforts...

    On a related note, after reading this long thread I couldn't help but wish all other IV campaigns (admin fixes, fund raising, house bills) could arouse such passion and involvement from IV members. Now, I'm NOT saying any particular category (EB2 vs Eb3) volunteers more than the other - its just matter of individual initiative, period - but it seems somehow our collective psyche is at ease as long as we all are stuck in the rut as a whole. Efforts to get ALL of us out of this mess do not fire up this much passion..




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  • myuname
    04-07 07:55 PM
    When there is no solution is to be found for the illegal immigration issue...then the obvious thing to mess with is the legal immigration! Isn't It? ;)

    Good Job! Kudos to whoever is doing it! :p

    Corporate world drives the laws and lobbying. This bill will be in the bin even before you know it. As for the STIVE etc. none will make it as long as they are comprehensive in nature. That said, the relief to the EB segment is coming soon, so sit tight.




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  • dartkid31
    05-31 07:28 PM
    I think Lou Dobbs is mostly comic relief for most of us at this point. The only tragedy in this scenario is that he has access to idiot boxes across the country for an hour eveyday, and there are people who wholeheartedly believe the drivel he spews everyday. :( CNN should be embarrassed.




    pbojja
    07-15 10:25 AM
    Can some one explain why do we want send the "WISH LIST" letters to DOL now ? Why not when a ROW GC applicant was getting a GC well a head of very well qualified Ind/Chi applicant ?

    Fortunately they fixed the spill over ,Indian/Chinese EB2 applicants can get their GCs sooner now , are we trying to mess this up ? I know you are going to say we are not against EB2 . I m not against ROW applicants but can I get my GC before a ROW applicant by sending a letter to DOL stating that I m more qualified than the other applicant can you send my GC please?




    unitednations
    07-08 04:44 PM
    Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).

    What are the grounds for I-485 denial if my I-140 is approved?

    The followings are the grounds for an I-485 denial.
    a. Some crimes committed by the applicant.
    b. The applicant is out of status or illegally worked for over 180 days.
    c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
    d. The applicant drastically changes occupation or job field.
    e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
    f. The applicant�s failure to RFE or fingerprint.


    There are a lot of protections in immigration law for us beneficiaries.

    When we quote laws; we generally are looking for specific items that may benefit us.

    However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.

    Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.


    Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.

    Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.

    All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.



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